BILL NUMBER: AB 1497 CHAPTERED
BILL TEXT
CHAPTER 823
FILED WITH SECRETARY OF STATE OCTOBER 11, 2003
APPROVED BY GOVERNOR OCTOBER 10, 2003
PASSED THE ASSEMBLY SEPTEMBER 11, 2003
PASSED THE SENATE SEPTEMBER 9, 2003
AMENDED IN SENATE SEPTEMBER 8, 2003
AMENDED IN SENATE SEPTEMBER 4, 2003
AMENDED IN SENATE AUGUST 18, 2003
AMENDED IN SENATE JULY 16, 2003
AMENDED IN SENATE JULY 2, 2003
AMENDED IN ASSEMBLY MAY 13, 2003
AMENDED IN ASSEMBLY APRIL 10, 2003
INTRODUCED BY Assembly Member Montanez
(Coauthors: Assembly Members Diaz, Levine, and Nunez)
FEBRUARY 21, 2003
An act to amend Sections 44004 and 45011 of, and to add Section
43501.5 to, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1497, Montanez. Solid waste facilities: permits.
(1) The existing California Integrated Waste Management Act of
1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated solid waste management
program. Existing law prohibits the operation of a solid waste
facility without a solid waste facilities permit and requires the
operator of a solid waste landfill to submit to the board and the
enforcement agency a plan for the closure and postclosure maintenance
of the solid waste landfill and evidence of financial ability to
provide for those costs. Existing law prohibits the operator of a
solid waste facility from making any significant change in the design
or operation of the solid waste facility not authorized by the
existing permit, unless the change is approved by the enforcement
agency, pursuant to a specified procedure. Existing law requires an
operator to appeal a decision of the enforcement agency with regard
to the approval of that change.
This bill would require a person who is required to file a closure
plan to also file with the enforcement agency a Labor Transition
Plan that includes provisions for the preferential reemployment and
transfer rights of displaced employees, as specified, and provisions
to ensure compliance with existing statutory requirements for
relocations, terminations, and mass layoffs that are applicable to
certain employers. The bill would require a person submitting a
final closure plan to additionally submit a certification to the
board and the enforcement agency that the provisions in the labor
transition plan will be implemented.
The bill would require an enforcement agency to submit its
proposed determination regarding whether a change to the solid waste
facility will be approved to the board for comment, and to hold at
least one public hearing on the proposed determination, in accordance
with specified notice requirements. The bill would also require the
enforcement agency to provide notice of an operator's appeal of the
enforcement agency's approval of change in the same manner as notice
is provided for the public hearing. The bill would require the
enforcement agency to provide notice, as specified, of the hearing.
The bill would require the board to adopt regulations relating to
the public hearing and that define the term "significant change in
the design or operation of the solid waste facility that is not
authorized by the existing permit." The bill would increase various
time periods regarding the filing of an application for revision of
the solid waste facilities permit.
The bill would impose a state-mandated local program by imposing
new duties upon enforcement agencies with regard to solid waste
facilities permits, thereby imposing a state-mandated local program.
(2) Existing law authorizes an enforcement agency to issue an
order establishing a time schedule for a solid waste facility to
comply with requirements relating to waste management when the
enforcement agency determines that the facility is not meeting those
requirements. Existing law authorizes the order to provide for an
administrative civil penalty in an amount not to exceed $5,000 per
day of violation, and not to exceed a total of $15,000 in any one
calender year, if compliance is not achieved in accordance with the
time schedule. Existing law prohibits imposition of that penalty for
the first 3 minor violations of the same requirement, as specified.
Existing law requires the enforcement agency, before issuing an
order imposing a civil or administrative penalty, to notify the
enforcement agency's governing body and make specified determinations
regarding the circumstances of the violation and alternatives to the
penalty.
This bill would delete the cap on the total amount of the penalty
in one calendar year, delete the prohibition on imposing the penalty
for minor violations, and delete the requirement that the enforcement
agency take those actions before issuing the order imposing a civil
or administrative penalty. The bill would broaden the circumstances
under which the order imposing the penalty may be made.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 43501.5 is added to the Public Resources Code,
to read:
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 final closure plan shall also file
with the enforcement agency a Labor Transition Plan that includes all
of the following:
(1) Provisions that ensure, subject to any requirements already
established pursuant to a collective bargaining agreement,
preferential reemployment and transfer rights of displaced employees
to comparable available employment with the same employer for a
period of no less than one year following the closure of the solid
waste facility.
(2) Provisions to provide displaced employees assistance in
finding comparable employment with other employers.
(3) Provisions to ensure compliance with all applicable provisions
of Chapter 4 (commencing with Section 1400) of Part of 4 of Division
2 of the Labor Code.
(b) When submitting the final closure plan, the operator shall
submit, in addition to the requirements of subdivision (a), a
certification to the board and the enforcement agency that the
provisions described in paragraphs (1) to (3), inclusive, of
subdivision (a), will be implemented, subject to any requirements
already established under a collective bargaining agreement.
(c) For the purposes of this section, "comparable employment"
means the same or a substantially similar job classification at equal
or greater wage and benefit levels in the same geographic region of
the state.
SEC. 2. Section 44004 of the Public Resources Code is amended to
read:
44004. (a) An operator of a solid waste facility may not make a
significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit, unless the
change is approved by the enforcement agency, the change conforms
with this division and all regulations adopted pursuant to this
division, and the terms and conditions of the solid waste facilities
permit are revised to reflect the change.
(b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
(c) The enforcement agency shall review the application to
determine all of the following:
(1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
(2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
(d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator, and if the enforcement agency is a local enforcement
agency, also inform the board, of its determination to do any of the
following:
(1) Allow the change without a revision to the permit.
(2) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to
this division.
(3) Require a revision of the solid waste facilities permit to
allow the change.
(4) Require review under Division 13 (commencing with Section
21000) before a decision is made.
(e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
(f) Under circumstances that present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 180-day filing period may be waived.
(g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
(A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
(B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the board.
(2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
(3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The board may also impose any reasonable
conditions determined to be necessary to ensure compliance with
applicable state standards.
(h) (1) (A) Before making its determination pursuant to
subdivision (d), the enforcement agency shall submit the proposed
determination to the board for comment and hold at least one public
hearing on the proposed determination. The enforcement agency shall
give notice of the hearing pursuant to Section 65091 of the
Government Code, except that the notice shall be provided to all
owners of real property within a distance other than 300 feet of the
real property that is the subject of the hearing, if specified in the
regulations adopted by the board pursuant to subdivision (i). The
enforcement agency shall also provide notice of the hearing to the
board when it submits the proposed determination to the board.
(B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
(C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
(2) If the board comments pursuant to paragraph (1), the board
shall specify whether the proposed determination is consistent with
the regulation adopted pursuant to subdivision (i).
(i) (1) The board shall, to the extent resources are available,
adopt regulations that implement subdivision (h) and define the term
"significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit."
(2) While formulating and adopting the regulations required
pursuant to paragraph (1), the board shall consider recommendations
of the Working Group on Environmental Justice and the advisory group
made pursuant to Sections 71113 and 71114 and the report required
pursuant to Section 71115.
SEC. 3. Section 45011 of the Public Resources Code is amended to
read:
45011. (a) If an enforcement agency determines that a solid waste
facility or disposal site, is in violation of this division, any
regulations adopted pursuant to this division, any corrective action
or cease and desist order, or any other order issued under this
division, or poses a potential or actual threat to public health and
safety or the environment, the enforcement agency may issue an order
establishing a time schedule according to which the facility or site
shall be brought into compliance with this division. The order may
also provide for a civil penalty, to be imposed administratively by
the enforcement agency, in an amount not to exceed five thousand
dollars ($5,000) for each day on which a violation occurs, if
compliance is not achieved in accordance with that time schedule.
(b) Before issuing an order that imposes a civil penalty pursuant
to subdivision (a), an enforcement agency shall do both of the
following:
(1) Notify the operator of the solid waste facility that the
facility is in violation of this division.
(2) Upon the request of the operator of the solid waste facility,
meet with the operator of the solid waste facility to clarify
regulatory requirements and to determine what actions, if any, that
the operator may voluntarily take to bring the facility into
compliance by the earliest feasible date.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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.