BILL NUMBER: AB 1187 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Simitian
FEBRUARY 23, 2001
An act to amend Sections 41820.5, 42845, 42961.5, 44009, and 48660
of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1187, as introduced, Simitian. Solid waste: recycling: tires:
permits: used oil.
(1) Existing law, the California Integrated Waste Management Act
of 1989, establishes an integrated waste management program
administered by the California Integrated Waste Management Board.
Under existing law, the act requires each city, county, city and
county, and regional agency, if any, to develop a source reduction
and recycling element of an integrated waste management plan
containing specified components and authorizes a city incorporated
after January 1, 1990 to submit a source reduction and recycling
element that includes a specified implementation schedule.
This bill would revise the element's implementation schedule for
the diversion of solid waste from landfill or transformations
facilities, based upon the date of the city's incorporation.
The bill would impose a state-mandated local program by
establishing new duties upon local agencies with regard to the
submission of a source reduction and recycling element.
(2) Existing law requires any person who stores, stockpiles, or
accumulates waste tires in a specified manner, to clean up those
waste tires or abate the effects thereof, or in the case of
threatened pollution or nuisance, as defined, take other necessary
remedial action, upon the order of the board. If a person fails to
comply with such an order, the Attorney General, district attorney
or county counsel is required to file a petition within 45 days of
the discovery of the failure to comply with the board's order, at the
request of the board.
The bill would instead require the Attorney General to make such a
petition, at the request of the board, and would authorize the
district attorney or county counsel to file a petition within 45 days
of the board's request, if the Attorney General declines, or is
unable, to file a petition.
(3) Existing law requires every person who engages in the
transportation of used and waste tires to hold a valid waste tire
hauler registration.
This bill would define the term "waste and used tire hauler" for
purposes of those provisions.
(4) The California Integrated Waste Management Act of 1989
prohibits the operation of a solid waste facility without a solid
waste facilities permit and authorizes an enforcement agency to issue
a solid waste facilities permit only if it makes certain findings
regarding the consistency of the permit with the act and the
regulations adopted by the board. The board is required to concur or
object to the issuance, modification, or revision of a solid waste
facilities permit within 60 days of the board's receipt of the
proposed permit.
This bill would require the board to concur or object to the
permit within 60 days from the date the board receives the permit, as
part of a complete permit package, as defined, that complies with
the act and the regulations adopted pursuant to the act.
(5) Existing law, the California Oil Recycling Enhancement Act,
requires an oil manufacturer to pay the California Integrated Waste
Management Board a specified amount for every gallon of lubricating
oil sold or transferred in the state, or imported into the state for
use in the state. These amounts are required to be deposited in the
California Used Oil Recycling Fund, which is continuously
appropriated for specified purposes, including the payment of
recycling incentives to certified used oil collection centers.
Existing law requires a used oil collection center to operate in a
specified manner and prohibits a used oil collection center from
accepting more than 20 gallons of used lubricating oil from a person
each day.
This bill would authorize a certified used oil collection center
that has received a specified variance from the Department of Toxic
Substances Control to accept more than 20 gallons from a person each
day.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 41820.5 of the Public Resources Code is amended
to read:
41820.5. (a) In addition to its authority under Section 41820,
the board may, after a public hearing, grant a time extension from
the diversion requirements of Section 41780 to a city if both of the
following conditions exist:
(1) The city was incorporated pursuant to Division 3 (commencing
with Section 56000) of Title 5 of the Government Code after January
1, 1990.
(2) The county within which the city is located did not include
provisions in its franchises which that
ensured that the now incorporated area would comply with the
diversion requirements of Section 41780.
(b) The board may authorize a city which meets the requirements of
subdivision (a) to submit a source reduction and recycling element
which that includes an implementation
schedule that shows both of the following:
(1) For the initial element, the The
city shall divert 25 percent of all its
estimated generation amount of solid waste from landfill or
transformation facilities within three years from the date on which
the board approves the element source
reduction and recycling element is due pursuant to subdivision (b) of
Section 41791.5 , through source reduction, recycling, and
composting activities.
(2) For the first revision of the element, the
The city shall divert 50 percent of all
its estimated generation amount solid waste from landfill
or transformation facilities within eight years from the date on
which the board approves the element the
source reduction and recycling element is due pursuant to subdivision
(b) of Section 41791.5 , through source reduction, recycling,
and composting activities.
SEC. 2. Section 42845 of the Public Resources Code is amended to
read:
42845. (a) Any person who stores, stockpiles, or accumulates
waste tires at a location for which a waste tire facility permit is
required pursuant to this chapter, or in violation of the terms and
conditions of the permit, the provisions of this chapter, or the
regulations adopted under this chapter, shall, upon order of the
board, clean up those waste tires or abate the effects thereof, or,
in the case of threatened pollution or nuisance, take other necessary
remedial action.
(b) (1) Upon failure of any person to comply with the
cleanup or abatement order, the Attorney General , district
attorney, or county counsel , at the request of the board,
shall petition , within 45 days of the discovery of that
failure, the superior court for that county for the
issuance of an injunction requiring the person to comply with that
order. In any suit, the court shall have jurisdiction to grant a
prohibitory or mandatory injunction, either preliminary or permanent,
as the facts may warrant.
(2) If the Attorney General declines, or is unable, to petition
the appropriate superior court for issuance of an injunction within
45 days from the board's request, pursuant to paragraph (1), the
district attorney or county counsel of that county may, at the board'
s request, petition the superior court for issuance of the injunction
specified in paragraph (1).
SEC. 3. Section 42961.5 of the Public Resources Code is amended to
read:
42961.5. (a) For purposes of this chapter, " California
the following definitions shall apply:
(1) "California Uniform Waste and Used Tire Manifest" means
a shipping document signed by a generator of waste or used tires, a
waste and used tire hauler, or the operator of a waste or used tire
facility that contains all of the information required by the board,
including, but not limited to, an accurate measurement of the number
of tires being shipped, the type or types of the tires, the date the
shipment originated, and the origin and intended final destination of
the shipment.
(2) "Waste and used tire hauler" means any person required to be
registered with the board pursuant to subdivision (a) of Section
42951.
(b) Any person generating waste or used tires that are transported
or submitted for transportation, for offsite handling, altering,
storage, disposal, or for any combination thereof, shall complete a
California Uniform Waste and Used Tire Manifest, as required by the
board. The generator shall provide the manifest to the waste and
used tire hauler at the time of transfer of the tires. Each
generator shall submit to the board, on a quarterly schedule, a
legible copy of each manifest. The copy submitted to the board shall
contain the signatures of the generator and the waste and used tire
hauler. If approved by the board, in lieu of submitting a copy of
each manifest used, a generator may submit an electronic report to
the board meeting the requirements of Section 42814.
(c) (1) Any waste and used tire hauler registered as
required by subdivision (a) of Section 42951 shall have the
California Uniform Waste and Used Tire Manifest in his or her
possession while transporting waste or used tires. The manifest
shall be shown upon demand to any representative of the board, any
officer of the California Highway Patrol, or any local public officer
designated by the local enforcement agency.
(2) Any waste and used tire hauler hauling waste or used tires for
offsite handling, altering, storage, disposal, or any combination
thereof, shall complete the California Uniform Waste and Used Tire
Manifest as required by the board. The waste and used tire hauler
shall provide the manifest to the waste or used tire facility
operator who receives the waste or used tires for handling, altering,
storage, disposal, or any combination thereof. Each waste and used
tire hauler shall submit to the board, on a quarterly schedule, a
legible copy of each manifest. The copy submitted to the board shall
contain the signatures of the generator and the facility operator.
If approved by the board, in lieu of submitting a copy of each
manifest used, a generator may submit an electronic report to the
board meeting the requirements of Section 42814.
(d) Each waste or used tire facility operator that receives waste
or used tires for handling, altering, storage, disposal, or any
combination thereof, that was transported with a manifest pursuant to
this section, shall submit copies of each manifest provided by the
waste and used tire hauler to the board and the generator on a
quarterly schedule. The copy submitted to the board shall contain
the signatures of each generator, each transporter, and the facility
operator. If approved by the board, in lieu of submitting a copy of
each manifest used, a facility operator may submit an electronic
report to the board meeting the requirements of Section 42814.
(e) The board shall develop and implement a system for auditing
manifests submitted to the board pursuant to this section, for the
purpose of enforcing this section. The board or its agent shall
continuously conduct random sampling and matching of manifests
submitted by any person generating waste or used tires, hauling waste
or used tires, or operating waste or used tire facilities, to assure
compliance with this section.
SEC. 4. Section 44009 of the Public Resources Code is amended to
read:
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 date of the board's receipt of any
proposed solid waste facilities permit submitted under Section 44007
, as part of a complete permit package that complies with this
division, and the regulations adopted pursuant to this division
after consideration of the issues in this section.
(2) If the board determines that the permit is not consistent with
the state minimum standards adopted pursuant to Section 43020, or is
not consistent with Sections 43040, 43600, 44007, 44010, 44017,
44150, and 44152 or Division 31 (commencing with Section 50000), the
board shall object to provisions of the permit and shall submit those
objections to the local enforcement agency for its consideration.
(3) If the board fails to concur or object in writing within the
60-day period specified in paragraph (1), the board shall be deemed
to have concurred in the issuance of the permit as submitted to it.
(4) "Complete permit package" means the complete application
package required pursuant to Section 21570 of Title 27 of the
California Code of Regulations.
(b) Notwithstanding subdivision (a), the board is not required to
concur in, or object to, and shall not be deemed to have concurred
in, the issuance of a solid waste facilities permit for a disposal
facility if the owner or operator is not in compliance with, as
determined by the regional water board, an enforcement order issued
pursuant to Chapter 5 (commencing with Section 13300) of Division 7
of the Water Code, or if all of the following conditions exist:
(1) Waste discharge requirements for the disposal facility issued
by the applicable regional water board are pending review in a
petition before the state water board.
(2) The petition for review of the waste discharge requirements
includes a request for a stay of the waste discharge requirements.
(3) The state water board has not taken action on the stay request
portion of the pending petition for review of waste discharge
requirements.
(c) In objecting to the issuance, modification, or revision of any
solid waste facilities permit pursuant to this section, the board
shall, based on substantial evidence in the record as to the matter
before the board, state its reasons for objecting. The board shall
not object to the issuance, modification, or revision of any solid
waste facilities permit unless the board finds that the permit is not
consistent with the state minimum standards adopted pursuant to
Section 43020, or is not consistent with Section 43040, 43600, 44007,
44010, 44017, 44150, or 44152 or Division 31 (commencing with
Section 50000).
(d) Nothing in this section is intended to require that a solid
waste facility obtain a waste discharge permit from a regional water
board prior to obtaining a solid waste facilities permit.
SEC. 5. Section 48660 of the Public Resources Code is amended to
read:
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 the requirements specified in
subdivision (b). Before certification, the board may require the
center to submit any information that the board determines is
necessary to find that the center is in compliance with those
requirements. The centers A center
shall reapply for certification every two years. The board may
cancel the certification of a center if the board finds, after a
public hearing, that the center is not, or has not been, in
compliance with subdivision (b). The board may withhold the payment
of recycling incentives for used lubricating oil collected by a
center if the board finds that the center was not in compliance with
subdivision (b) during the time in which the used lubricating oil was
collected.
(b) To be eligible for certification by the board and for the
payment of recycling incentives, the used oil collection center shall
do all of the following:
(1) (A) Accept used lubricating oil from the public at no charge
during the hours between 8 a.m. and 8 p.m. that the entity operating
as the center is open for business.
(B) The board may approve alternative hours for the acceptance of
used lubricating oil by an individual center if either of the
following conditions are met:
(i) The center accepts used lubricating oil for 12 continuous
hours daily.
(ii) The center demonstrates that compliance with Section
280.42 279.31 of Title 40 of the Code of Federal
Regulations prevents the center from complying with subparagraph
(A).
(2) Pay to any person an amount equal to the recycling incentive
which the center will receive for used lubricating oil brought to the
center in containers by the person. Nothing in this chapter
prohibits any person from donating used lubricating oil to a center.
With the exception of centers that generate used lubricating oil by
servicing motor vehicles, the recycling incentive may be in the form
of a credit that may be applied toward the purchase of goods or
services offered by the center, as determined by the board. The
credit shall be in the form of a voucher or coupon with a value of at
least twice the incentive amount to be paid pursuant to Section
48652 and have no other limits for use, unless prescribed by the
board.
(3) Provide information to the board for informing the public of
the center's acceptance of used lubricating oil.
(4) Provide notice to the public, through onsite signs and
periodic advertising in local media, of the center's acceptance of
used lubricating oil from the public. Onsite
(A) Onsite signs shall be of a design prescribed by the
board and exterior signs shall be posted in a location that is easily
visible from a public street. Certified centers
(B) A certified center shall post a combined symbolic and
information exterior sign of at least two feet by three feet in size,
or shall post an exterior symbolic sign of at least two feet by 18
inches in size. If the exterior symbolic sign is posted, the
combined symbolic and informational sign shall be concurrently posted
so that it is easily readable from the location where the used oil
is received from the public. The exterior symbolic sign shall
include the following words in a manner specified by the board:
"Used Oil Collection Center." The
(C) The informational portion of the combined signs shall
include the following words, in a manner specified by the board:
"Used Oil Collection Center--Recycling Incentive Paid for Used
Lubricating Oil in Containers During Business Hours from Members of
the Public Who Change Their Own Oil." A
(D) A center which that does
not accept used lubricating oil from the public during all of its
business hours, but meets the requirements of paragraph (1), shall
indicate on the exterior sign the hours when that used oil is
accepted at no charge from the public and these hours shall be posted
instead of the business hours. Where
(E) If local zoning ordinances prevent signs of a size
consistent with this section paragraph
, the exterior symbolic sign shall be of the maximum allowable size.
(c) Notwithstanding (1) Notwithstanding
subdivision (b), a used oil collection center shall not accept
more than 20 gallons of used lubricating oil, in containers not
larger than five gallons, from a person each day, and may refuse to
accept used lubricating oil which has been contaminated in a manner
other than that which would occur through normal use.
(2) Notwithstanding paragraph (1), a certified used oil collection
center that receives a variance from the Department of Toxic
Substances Control pursuant to Section 25143 of the Health and Safety
Code may accept more than 20 gallons from a person each day.
(d) Notwithstanding subdivision (b), no used oil collection center
shall knowingly accept used lubricating oil for which a payment has
not been made pursuant to Section 48650.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.