BILL NUMBER: AB 2679 CHAPTERED
BILL TEXT
CHAPTER 500
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2008
APPROVED BY GOVERNOR SEPTEMBER 28, 2008
PASSED THE SENATE AUGUST 20, 2008
PASSED THE ASSEMBLY AUGUST 28, 2008
AMENDED IN SENATE AUGUST 14, 2008
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE JULY 10, 2008
AMENDED IN SENATE JUNE 23, 2008
AMENDED IN SENATE JUNE 5, 2008
AMENDED IN ASSEMBLY MAY 19, 2008
AMENDED IN ASSEMBLY MAY 8, 2008
AMENDED IN ASSEMBLY APRIL 23, 2008
AMENDED IN ASSEMBLY APRIL 3, 2008
INTRODUCED BY Assembly Member Ruskin
(Coauthor: Assembly Member Nunez)
FEBRUARY 22, 2008
An act to amend Sections 40120.1, 40122, 40141, 40160, 40192,
40194, 43209, 43214, 44100, 44306, 45000, 45002, 45005, 45010, 45011,
45012, 45013, 45017, 45019, 45020, 45021, 45022, 45023, and 45040
of, to add Sections 40115.5, 40116.1, 40150.2, 40162, 44000.5, 45003,
45010.1, and 45010.2 to, to add Chapter 2 (commencing with Section
45025) to Part 5 of Division 30 of, and to repeal Sections 40123 and
45033 of, the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2679, Ruskin. Solid waste: enforcement: local agencies.
(1) Existing law, the California Integrated Waste Management Act
of 1989, regulates the management of solid waste. The act provides
that the California Integrated Waste Management Board may designate
and certify a local enforcement agency within each county to carry
out specified powers and duties and requires the board and certified
local enforcement agencies to perform specified functions with regard
to the regulation of solid waste management, including the issuance
and enforcement of solid waste facilities permits. Existing law
defines various terms for purposes of the act, including defining the
term "disposal site owner" as a person who holds title to property
used as a disposal site after January 1, 1977.
The bill would repeal the definition of disposal site owner and
would additionally define the terms "closed disposal site,"
"composting," "minor violation," and "owner." The bill would also
revise the existing definitions of the terms "disposal," "disposal
site," "hazardous waste," "operator," "solid waste disposal," and
"solid waste facility" for purposes of the act.
(2) Existing law 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
enforcement agency is required to take specified actions, including
establishing and maintaining an inspection program.
Existing law requires the board to periodically inspect solid
waste facilities to determine if the enforcement agency is enforcing
state minimum standards. The board is required, upon the request of
an enforcement agency, to provide guidance and assistance to the
enforcement agency regarding specified activities. Existing law
allows an enforcement agency to issue an administrative order
requiring the owner or operator of a solid waste facility to take
corrective action and to issue a cease and desist order. An
enforcement agency is allowed to include an administrative civil
penalty of up to $5,000 for each day on which a violation occurs.
Existing law also provides for the imposition of a civil penalty of
up to $10,000 per day upon an owner or operator of a solid waste
facility that violates certain requirements or a person that violates
a standard adopted by the board. Existing law requires all civil
penalties paid to the board pursuant to the enforcement provisions of
the act to be deposited in the Solid Waste Disposal Site Cleanup
Trust Fund, which is continuously appropriated to the board for
specified purposes with regard to the cleanup of solid waste disposal
sites.
This bill would make conforming changes to the enforcement and
penalty provisions of the act to additionally include violations of
the act regarding disposal sites. The bill would authorize the board,
under specified circumstances, to take any appropriate enforcement
action and would empower the board, under those circumstances, with
the authority of an enforcement agency pursuant to the act. The bill
would authorize an enforcement agency to include, as part of its
funding of the inspection program that is required to be conducted by
the enforcement agency, public awareness activities, the prevention
of the illegal dumping of solid waste, and the abatement of the
illegal dumping of solid waste.
The bill would require the board to make available guidance and
assistance to the enforcement agency regarding the inspection,
investigation, enforcement, and remediation of illegal, abandoned,
inactive, or closed disposal sites and would require the board or
enforcement agency to take specified actions when a minor violation
is detected in the course of an inspection.
The bill would, with respect only to solid waste disposed of in
the state, prohibit a person from disposing of solid waste, causing
solid waste to be disposed, arranging for the disposal of solid
waste, transporting solid waste, or accepting solid waste for
disposal, except at a solid waste disposal facility for which a solid
waste facilities permit has been issued, or as otherwise authorized.
This bill would revise the procedures for the imposition of civil
penalties to authorize the board or an enforcement agency to issue an
order imposing a civil penalty of not more than $5,000 upon a person
that violates the act, a regulation adopted pursuant to the act, or
an order issued under the enforcement provisions of the act
applicable to a solid waste facility or a disposal site, or the terms
or conditions of a solid waste facilities permit. The bill would
require the board or an enforcement agency before issuing an order,
except as specified, to follow specified procedures regarding
notification and meeting with the owner or operator to determine what
actions, if any, that the operator or owner may voluntarily take to
bring the facility or site into compliance by the earliest feasible
date.
The bill would impose a state-mandated local program by requiring
local agencies to take specified enforcement actions under the act.
The bill would additionally authorize the imposition of a civil
penalty of not more than $10,000 upon a person that owns or operates
a disposal site and that intentionally or negligently violates a
solid waste facilities permit or a standard, requirement, or order,
or a person that intentionally or negligently violates the act or a
regulation, administrative order, or standard, with respect to a
solid waste facility or disposal site, for each day the violation or
operation occurs.
The bill would require the civil penalties that are collected by
the board to be deposited in the Enforcement Penalty Account, which
this bill would establish in the Solid Waste Disposal Site Cleanup
Trust Fund. The bill would authorize the board to expend the moneys
in the Enforcement Penalty Account, upon appropriation by the
Legislature, to enforce and implement the act.
The bill would make a person convicted of violating certain
provisions of the act guilty of a misdemeanor punishable by a fine in
an amount of not less than $500 and not more than $10,000, and in
addition, under specified circumstances, by imprisonment in a county
jail for not more than 6 months, for each violation. The bill would
impose a state-mandated local program by creating new crimes.
(3) Existing law requires all orders and determinations issued
under the act to take effect immediately after any time period for
appeal has expired. However, under existing law, a request for a
hearing stays the effect of the order pending completion of all
appeals, but a request for a hearing does not stay a provision of the
order, or the order as a whole, when there is an imminent and
substantial threat to public health and safety or the environment, as
specified.
This bill would instead allow the owner or operator of a permitted
solid waste facility subject to an order, in the case of
extraordinary circumstances, to petition the executive director of
the board to stay the order, pending the completion of specified
administrative appeals pursuant to a specified procedure and would
authorize a person who is not the owner or operator of such a
facility to petition the board, as specified.
(4) 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 specified reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 40115.5 is added to the Public Resources Code,
to read:
40115.5. "Closed disposal site" means a disposal site that ceases
to accept solid waste and is closed in accordance with applicable
statutes, regulations, and local ordinances in effect at the time of
the closure.
SEC. 2. Section 40116.1 is added to the Public Resources Code, to
read:
40116.1. "Composting" means the controlled or uncontrolled
biological decomposition of organic wastes.
SEC. 3. Section 40120.1 of the Public Resources Code is amended
to read:
40120.1. "Disposal" or "dispose" has the same meaning as "solid
waste disposal" as defined in Section 40192.
SEC. 4. Section 40122 of the Public Resources Code is amended to
read:
40122. "Disposal site" or "site" means the place, location, tract
of land, area, or premises in use, intended to be used, or which has
been used, for the disposal of solid wastes.
SEC. 5. Section 40123 of the Public Resources Code is repealed.
SEC. 6. Section 40141 of the Public Resources Code is amended to
read:
40141. (a) "Hazardous waste" means a waste, defined as a
"hazardous waste" in accordance with Section 25117 of the Health and
Safety Code, or a combination of wastes, which because of its
quantity, concentration, or physical, chemical, or infectious
characteristics may do either of the following:
(1) Cause, or significantly contribute to, an increase in
mortality or an increase in serious irreversible, or incapacitating
reversible, illness.
(2) Pose a substantial present or potential hazard to human health
or environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.
(b) Unless expressly provided otherwise, "hazardous waste"
includes extremely hazardous waste and acutely hazardous waste.
SEC. 7. Section 40150.2 is added to the Public Resources Code, to
read:
40150.2. "Minor violation" means the failure of a person to
comply with a requirement or condition of an applicable law,
regulation, permit, information request, order, variance, or other
requirement, whether procedural or substantive, that an enforcement
agency or the board is authorized to implement or enforce pursuant to
Part 5 (commencing with Section 45000) and that does not otherwise
include any of the following:
(a) A violation that results in injury to persons or property or
that presents a significant threat to human health or the
environment.
(b) A knowing, willful, or intentional violation.
(c) A violation that is a chronic violation or that is committed
by a recalcitrant violator. In determining whether a violation is
chronic or a violator is recalcitrant, the enforcement agency or
board, whichever issues the notice to comply, shall consider whether
there is evidence indicating that the violator has engaged in a
pattern of neglect or disregard with respect to applicable regulatory
requirements.
(d) A violation that results in an emergency response from a
public safety agency.
(e) A violation that enables the violator to benefit economically
from the noncompliance, either by reduced costs or competitive
advantage.
SEC. 8. Section 40160 of the Public Resources Code is amended to
read:
40160. "Operator" means a person who operates a solid waste
facility or operates a disposal site.
SEC. 9. Section 40162 is added to the Public Resources Code, to
read:
40162. "Owner" means a person who holds fee title to, or a
leasehold or other possessory interest in, real property that is
presently in use as a solid waste facility or is a disposal site.
SEC. 10. Section 40192 of the Public Resources Code is amended to
read:
40192. (a) Except as provided in subdivisions (b) and (c), "solid
waste disposal," "disposal," or "dispose" means the final deposition
of solid wastes onto land, into the atmosphere, or into the waters
of the state.
(b) For purposes of Part 2 (commencing with Section 40900), "solid
waste disposal," "dispose," or "disposal" means the management of
solid waste through landfill disposal or transformation at a
permitted solid waste facility, unless the term is expressly defined
otherwise.
(c) For purposes of Chapter 16 (commencing with Section 42800) and
Chapter 19 (commencing with Section 42950) of Part 3, Part 4
(commencing with Section 43000), Part 5 (commencing with Section
45000), Part 6 (commencing with Section 45030), and Chapter 2
(commencing with Section 47901) of Part 7, "solid waste disposal,"
"dispose," or "disposal" means the final deposition of solid wastes
onto land.
SEC. 11. Section 40194 of the Public Resources Code is amended to
read:
40194. "Solid waste facility" includes a solid waste transfer or
processing station, a composting facility, a gasification facility, a
transformation facility, and a disposal facility. For purposes of
Part 5 (commencing with Section 45000), "solid waste facility"
additionally includes a solid waste operation that may be carried out
pursuant to an enforcement agency notification, as provided in
regulations adopted by the board.
SEC. 12. Section 43209 of the Public Resources Code is amended to
read:
43209. The enforcement agency, within its jurisdiction and
consistent with its certification by the board, shall do all of the
following:
(a) Enforce applicable provisions of this part, regulations
adopted under this part, and terms and conditions of permits issued
pursuant to Chapter 3 (commencing with Section 44001).
(b) Request enforcement by appropriate federal, state, and local
agencies of their respective laws governing solid waste storage,
handling, and disposal.
(c) File with the board, upon its request, information the board
determines to be necessary.
(d) Develop, implement, and maintain inspection, enforcement,
permitting, and training programs.
(e) (1) Establish and maintain an enforcement program consistent
with regulations adopted by the board to implement this chapter, the
standards adopted pursuant to this chapter, and the terms and
conditions of permits issued pursuant to Chapter 3 (commencing with
Section 44001).
(2) The enforcement agency may establish specific local standards
for solid waste handling and disposal subject to approval by a
majority vote of its local governing body, by resolution or
ordinance.
(3) A standard established pursuant to this subdivision shall be
consistent with this division and all regulations adopted by the
board.
(f) Keep and maintain records of its inspection, enforcement,
permitting, training, and regulatory programs, and of any other
official action in accordance with regulations adopted by the board.
(g) (1) Consult, as appropriate, with the appropriate local health
agency concerning all actions which involve health standards.
(2) The consultation required by this subdivision shall include
affording the health agency adequate notice and opportunity to
conduct and report the evaluation as it reasonably determines is
appropriate.
(h) Establish and maintain an inspection program.
(1) The inspection program required by this subdivision shall be
designed to determine whether any solid waste facility is operating
under any of the following:
(A) The facility is operating without a permit.
(B) The facility is operating in violation of state minimum
standards.
(C) The facility is operating in violation of the terms and
conditions of its solid waste facilities permit.
(D) The facility may pose a significant threat to public health
and safety or to the environment, based on any relevant information.
(2) The inspection program established pursuant to this
subdivision shall also ensure frequent inspections of solid waste
facilities that have an established pattern of noncompliance with
this division, regulations adopted pursuant to this division, or the
terms and conditions of a solid waste facilities permit. The
inspection program may include public awareness activities,
enforcement to prevent the illegal dumping of solid waste, and the
abatement of the illegal dumping of solid waste.
SEC. 13. Section 43214 of the Public Resources Code is amended to
read:
43214. (a) The board shall develop performance standards for
evaluating certified local enforcement agencies and shall
periodically review each certified enforcement agency and its
implementation of the permit, inspection, and enforcement program.
The board's review shall include periodic inspections of solid waste
facilities and disposal sites within the jurisdiction of each
enforcement agency for the purpose of evaluating whether the
enforcement agency is appropriately applying and enforcing state
minimum standards within its jurisdiction.
(b) Following initial certification of an enforcement agency by
the board, the board shall conduct a performance review of the
enforcement agency every three years, or more frequently as
determined by the board.
(c) In conducting performance reviews of enforcement agencies, the
board shall, based on the performance standards developed pursuant
to subdivision (a), determine whether each enforcement agency is in
compliance with the requirements of this article and the regulations
adopted to implement this article. If the board finds that an
enforcement agency is not fulfilling its responsibilities pursuant to
this article and if the board also finds that this lack of
compliance has contributed to significant noncompliance with state
minimum standards at solid waste facilities or disposal sites within
the jurisdiction of the enforcement agency, the board shall withdraw
its approval of designation pursuant to Sections 43215 and 43216.
Notwithstanding Sections 43215 and 43216, if the board finds that
conditions at solid waste facilities or disposal sites within the
jurisdiction of the enforcement agency threaten public health and
safety or the environment, the board shall, within 10 days of
notifying the enforcement agency, become the enforcement agency until
another enforcement agency is designated locally and certified by
the board.
(d) The board shall find that an enforcement agency is not
fulfilling its responsibilities pursuant to this article, and may
take action as prescribed by subdivision (c), if the board, in
conducting its performance review, makes one or more of the following
findings with regard to compliance with this part and Part 5
(commencing with Section 45000):
(1) The enforcement agency has failed to exercise due diligence in
the inspection of solid waste facilities and disposal sites.
(2) The enforcement agency has intentionally misrepresented the
results of inspections.
(3) The enforcement agency has failed to prepare, or cause to be
prepared, permits, permit revisions, or closure and postclosure
maintenance plans.
(4) The enforcement agency has approved permits, permit revisions,
or closure and postclosure maintenance plans that are not consistent
with this part and Part 5 (commencing with Section 45000).
(5) The enforcement agency has failed to take appropriate
enforcement actions.
(6) The enforcement agency has failed to comply with, or has taken
actions that are inconsistent with, or that are not authorized by,
this division or the regulations adopted by the board pursuant to
this division. However, nothing in this paragraph is intended to
affect the authority of enforcement agencies pursuant to subdivision
(e) of Section 43209.
SEC. 14. Section 44000.5 is added to the Public Resources Code, to
read:
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 disposal of solid waste, transport
solid waste for purposes of disposal, or accept solid waste for
disposal, except at a solid waste disposal facility for which a solid
waste facilities permit has been issued pursuant to this chapter or
as otherwise authorized pursuant to this division and the regulations
adopted by the board pursuant to this division.
(b) A violation of this section is an unlawful act.
SEC. 15. Section 44100 of the Public Resources Code is amended to
read:
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 or as otherwise
authorized by this division, may investigate the operation of a solid
waste facility, a transfer or processing station, a disposal site,
collection or handling equipment, or a storage area for solid wastes.
(b) In the investigation, the enforcement agency may require a
person, who is, or proposes to become, an operator of a solid waste
facility, a transfer or processing station, a disposal site,
collection or handling equipment, or a storage area for solid wastes,
or a person that the enforcement agency believes may have
information concerning a suspected violation of this division, to
furnish, under penalty of perjury, any nonprivileged technical or
monitoring program or other reports that the enforcement agency may
specify.
(c) If the owner of property upon which solid waste is unlawfully
stored, stockpiled, disposed, handled, or maintained refuses to allow
or provide the board, the enforcement agency, or a contractor of the
board or enforcement agency with access to enter onto the property
and perform all necessary cleanup, abatement, or remedial work as
authorized pursuant to Section 45000 or 48020, the court may issue
the board, the enforcement agency, or a contractor of the board or
enforcement agency a warrant pursuant to the procedure set forth in
Title 13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure to permit reasonable access to the property to
perform that activity, if the following conditions have been met:
(1) An administrative order requiring corrective action has been
issued or obtained pursuant to Section 45000 against the property
owner.
(2) The board or enforcement agency finds that there is a
significant threat to public health or the environment.
SEC. 16. Section 44306 of the Public Resources Code is amended to
read:
44306. The enforcement agency may, after holding a hearing in
accordance with the procedures set forth in Section 44310, revoke a
solid waste facilities permit if the enforcement agency determines
any of the following:
(a) The permit was obtained by a material misrepresentation or
failure to disclose relevant factual information.
(b) The operator has, during the previous three years, been
convicted of, or been issued a final order for, one or more
violations of this division, regulations adopted pursuant to this
division, or the terms and conditions of the permit, and the
violation meets both of the following criteria:
(1) The violation demonstrates a chronic recurring pattern of
noncompliance that has posed, or may pose, a significant risk to
public health and safety or to the environment.
(2) The violation has not been corrected or reasonable progress
toward correction has not been achieved.
(c) The operator has failed to pay in full any monetary penalty
imposed pursuant to Part 5 (commencing with Section 45000) within 90
days from the date when the penalty is required to be paid and after
the expiration of the time period during which the permitholder may
appeal the ruling, or after the denial of the permitholder's timely
appeal up to, and including, an appeal to the superior court.
SEC. 17. Section 45000 of the Public Resources Code is amended to
read:
45000. (a) Except as provided in subdivision (b), the enforcement
agency or the board may issue an administrative order requiring the
owner or operator of a solid waste facility or disposal site or a
person in violation of Section 44000.5, to take corrective action as
necessary to abate a nuisance, or to protect human health and safety
or the environment. If both the board and the enforcement agency
issue an administrative order regarding the same facility, disposal
site, or person, the order issued by the board shall prevail if there
is a conflict between the orders.
(b) An administrative order shall not be issued for a minor
violation that is corrected immediately in the presence of the
inspector. Immediate compliance in that manner shall be noted in the
inspection report.
(c) The enforcement agency or the board may contract for
corrective action after an order issued pursuant to subdivision (a)
becomes final and the owner or operator fails to comply with the
order by the date specified in the order.
(d) If an enforcement agency or the board expends any funds
pursuant to subdivision (b), the owner or operator of the solid waste
facility or disposal site or a person in violation of Section
44000.5 shall reimburse the enforcement agency or the board for the
amount expended, including, but not limited to, a reasonable amount
for contract administration, and an amount equal to the interest that
would have been earned on the expended funds. The amount expended
shall be recoverable in a civil action by the Attorney General, upon
request of the local enforcement agency or the board.
(e) A contract for corrective action entered into by the board is
exempt from approval by the Department of General Services pursuant
to Section 10295 of the Public Contract Code.
(f) A corrective action shall incorporate by reference applicable
waste discharge requirements issued by the state water board or a
regional water board, and shall be consistent with all applicable
water quality control plans adopted pursuant to Section 13170 of, and
Article 3 (commencing with Section 13240) of Chapter 4 of Division 7
of, the Water Code, and state policies for water quality control
adopted pursuant to Article 3 (commencing with Section 13140) of
Chapter 3 of Division 7 of the Water Code, existing at the time of
the corrective action or proposed corrective action.
SEC. 18. Section 45002 of the Public Resources Code is amended to
read:
45002. (a) Except as provided in subdivision (b), an order issued
pursuant to this part or Part 4 (commencing with Section 43000)
shall provide the person subject to that order with a notice of that
person's right to appeal pursuant to Part 4 (commencing with Section
43000) and Part 6 (commencing with Section 45030).
(b) The recipient of a notice to comply issued pursuant to Section
45003 may request that a hearing be conducted in accordance with
Section 44307, but only with respect to an action taken by an
enforcement agency of the board that arises from a minor violation
that the owner or operator fails to correct or fails to certify, in a
timely manner, as having been corrected.
SEC. 19. Section 45003 is added to the Public Resources Code, to
read:
45003. (a) (1) An authorized representative of the enforcement
agency or board who, in the course of conducting an inspection,
detects a minor violation, shall take an enforcement action as to the
minor violation only in accordance with this section.
(2) In a proceeding concerning an enforcement action taken
pursuant to this section, there shall be a rebuttable presumption
upholding the determination made by the enforcement agency or board
regarding whether the violation is a minor violation.
(b) A notice to comply shall be the only means by which an
enforcement agency or board may cite a minor violation, unless the
person cited fails to correct the violation or fails to submit the
certification of correction within the time period prescribed in the
notice, in which case the enforcement agency or board may take any
enforcement action, including imposing a penalty, as authorized by
this part.
(c) (1) The enforcement agency or the board shall commence an
enforcement action under this section by serving a notice to comply
on the owner or operator of the solid waste facility or disposal site
at which a violation has occurred, specifying the violation and the
manner in which the violation may be corrected.
(2) A person who receives a notice to comply detailing a minor
violation shall have not more than 30 days from the date of the
notice to comply in which to correct any violation cited in the
notice to comply. Within five working days of correcting the
violation, the person cited or an authorized representative shall
sign the notice to comply, certifying that any violation has been
corrected, and return the notice to the enforcement agency or board,
whichever issued the notice to comply.
(3) A false certification that a violation has been corrected is
punishable as a misdemeanor.
(4) The effective date of the certification that a violation has
been corrected shall be one of the following dates, whichever occurs
first:
(A) The date the certification is received by the enforcement
agency or the board, whichever issued the notice to comply, including
receipt of an electronic or facsimile version of the certification.
(B) The date the certification is postmarked by the United States
Postal Service.
(C) The date the certification is accepted for delivery by a
national express delivery service as evidenced by a receipt.
(d) If a notice to comply is issued, a single notice to comply
shall be issued for all minor violations noted during the inspection,
and the notice to comply shall list all of the minor violations and
the manner in which each of the minor violations may be brought into
compliance.
(e) If a person who receives a notice to comply pursuant to
subdivision (c) disagrees with one or more of the alleged violations
listed on the notice to comply, the person shall provide the
enforcement agency or board that issued the notice to comply a
written notice of disagreement specifying the allegations with which
the person disagrees along with the returned signed notice to comply,
certifying that all of the undisputed violations have been
corrected. If the person disagrees with all of the alleged
violations, the written notice of disagreement shall be returned in
lieu of the signed certification of correction within 30 days of the
date of issuance of the notice to comply. If the issuing agency takes
administrative enforcement action on the basis of the disputed
violation, that action may be appealed in the same manner as any
other alleged violation under Section 44307.
(f) This section does not do any of the following:
(1) Prevent a reinspection to ensure compliance with this division
or to ensure that minor violations cited in a notice to comply have
been corrected and that the solid waste facility or disposal site is
in compliance with this division.
(2) Prevent the enforcement agency or board from requiring a
person to submit necessary documentation needed to support the person'
s claim of compliance pursuant to subdivision (c).
(3) Restrict the power of a city attorney, district attorney,
county counsel, or the Attorney General to bring, in the name of the
people of California, any criminal proceeding otherwise authorized by
law.
(4) Prevent the enforcement agency or board from cooperating with,
or participating in, a proceeding specified in paragraph (3).
SEC. 20. Section 45005 of the Public Resources Code is amended to
read:
45005. An enforcement agency or the board may issue a cease and
desist order to any of the following:
(a) A person who is operating, has operated, or proposes to
operate a solid waste facility or operates a disposal site in an
unauthorized manner, or who is disposing of solid waste in any of the
following manners:
(1) In violation of a solid waste facilities permit or in
violation of this division, or any regulation adopted pursuant to
this division.
(2) Without a solid waste facilities permit.
(3) In a manner that causes or threatens to cause a condition of
hazard, pollution, or nuisance.
(b) A person who has violated, is violating, or proposes to
violate Section 44000.5.
SEC. 21. Section 45010 of the Public Resources Code is amended to
read:
45010. (a) The board and enforcement agencies shall impose civil
penalties on the operators of solid waste facilities in a judicious
manner and shall impose those penalties only after all reasonable
efforts pursuant to Section 45010.2 have been made by enforcement
agencies to provide proper notice of violations to alleged violators
as well as a reasonable opportunity to bring solid waste facilities
and disposal sites into compliance with this division.
(b) An enforcement agency shall not deposit funds collected
through the imposition of civil penalties pursuant to this article in
the General Fund of the local enforcement agency, but instead shall
deposit those funds in a segregated account and use those funds
exclusively for enhancing solid waste enforcement within the local
enforcement agency's jurisdiction, including, but not limited to, all
of the following:
(1) Increasing enforcement programs.
(2) Expanding the agency's enforcement capabilities.
(3) Bringing solid waste facilities into compliance with this
division.
(4) Remediating illegal or abandoned solid waste disposal sites.
(c) Civil penalties paid to the board pursuant to this article
shall be deposited in the Enforcement Penalty Account, which is
hereby established in the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027. Notwithstanding subdivision
(b) of Section 48027, the moneys in the Enforcement Penalty Account
may be expended by the board, upon appropriation by the Legislature,
to enforce and implement this division.
SEC. 22. Section 45010.1 is added to the Public Resources Code, to
read:
45010.1. (a) The board or an enforcement agency may issue an
order imposing a civil penalty of not more than five thousand dollars
($5,000) for each violation, for each day that the violation
continues, to a person who violates the terms or conditions of a
solid waste facilities permit or who violates a requirement of this
division, a regulation adopted pursuant to this division, or an order
issued under this chapter, if the requirement, regulation, or order
is applicable to a solid waste facility or a disposal site. An
enforcement agency or the board may impose the penalty
administratively pursuant to this part.
(b) In determining the amount of civil liability to be imposed
pursuant to this section, the board or enforcement agency shall take
into consideration the factors specified in Section 45016.
SEC. 23. Section 45010.2 is added to the Public Resources Code, to
read:
45010.2. Before the board or enforcement agency issues an order
under this chapter, except for a notice to comply pursuant to Section
45003, the board or enforcement agency shall do both of the
following:
(a) Notify the owner or operator of the solid
waste facility or the owner or operator of the disposal site, that
the facility or site is in violation of this division, a regulation
adopted pursuant to this division, or an order issued under this
division, applicable to a solid waste facility or disposal site.
(b) Upon the request of the owner or operator of the solid waste
facility or the owner or operator of the disposal site, meet with the
owner or operator to clarify the applicable requirements and to
determine what actions, if any, that the operator or owner may
voluntarily take to bring the facility or site into compliance by the
earliest feasible date.
SEC. 24. Section 45011 of the Public Resources Code is amended to
read:
45011. If an enforcement agency or the board determines that a
solid waste facility or disposal site is in violation of this
division, a regulation adopted pursuant to this division, the terms
or conditions of a solid waste facilities permit, an order issued
under this division, or poses a potential or actual threat to public
health and safety or the environment, or determines that a person has
disposed of solid waste at an unpermitted disposal site in violation
of Section 44000.5, the enforcement agency or board 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 or board, 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.
SEC. 25. Section 45012 of the Public Resources Code is amended to
read:
45012. (a) If an enforcement agency, despite having made a good
faith effort pursuant to its enforcement authority or any other
authority, is unable to correct a violation, and the board, acting
through its executive director, and the enforcement agency both agree
that enforcement by the board is feasible and desirable pursuant to
these circumstances, the board, acting through its executive
director, may take any appropriate enforcement action pursuant to
this section.
(b) (1) Notwithstanding subdivision (a), the board shall not take
any enforcement action specified in this part without providing
notice to the enforcement agency and the violator of the board's
intent to take that action, allowing the enforcement agency and the
violator a reasonable opportunity to correct the violation, and
conducting a public hearing on the matter.
(2) When taking an enforcement action pursuant to this section,
the board is vested, in addition to its other powers, with all of the
authority to take an action that an enforcement agency may take
pursuant to this division.
(c) Notwithstanding subdivisions (a) and (b), if the board finds
that an enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health and safety or to the
environment, the board may take the enforcement action that the board
determines is necessary.
SEC. 26. Section 45013 of the Public Resources Code is amended to
read:
45013. The board shall make available guidance and assistance to
the enforcement agency regarding the inspection, investigation,
enforcement, and remediation of illegal, abandoned, inactive, or
closed disposal sites to ensure that public health and safety and the
environment are protected.
SEC. 27. Section 45017 of the Public Resources Code is amended to
read:
45017. (a) (1) Except as provided in paragraphs (2) and (3), all
orders and determinations issued pursuant to this part or Part 4
(commencing with Section 43000) shall take effect immediately upon
service.
(2) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to the owner or
operator of a solid waste facility operating under a solid waste
facilities permit issued in accordance with this part, the owner or
operator may petition the executive director of the board, pursuant
to this subparagraph, to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) A petition submitted pursuant to subparagraph (A) shall be in
writing and shall state the extraordinary circumstances that justify
the stay. The petition shall also state the grounds, if any, on which
a finding may be made that the immediate effect of the order or
determination will preclude or interfere with the provision of an
essential public service so that the public health and safety or the
environment will be adversely affected.
(C) If the executive director finds the immediate effect of the
order or determination will preclude or interfere with the provision
of an essential public service so that the public health and safety
or the environment will be adversely affected, the executive director
shall consider and act on the petition within three days from the
receipt of the petition. The board or the executive director may
order the stay to be in effect from the effective date of the order
or determination or other appropriate date.
(D) If the executive director does not find that the immediate
effect of the order or determination will preclude or interfere with
the provision of an essential public service, the board shall act
upon the petition within 14 days or at its next scheduled public
meeting, whichever date is sooner.
(3) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to a person that is
not the owner or operator of a permitted solid waste facility, the
person subject to the order or determination may petition the board
pursuant to this subparagraph to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) The board shall act on a petition filed pursuant to
subparagraph (A) within 14 days or at its next scheduled public
meeting whichever date is sooner. The board may order the stay to be
in effect from the effective date of the order or determination or
other appropriate date.
(b) For purposes of this section, service may be effected by any
of the following:
(1) Personal delivery.
(2) First-class United States mail, if it is made by certified
mail and evidence of delivery is provided.
(3) Express delivery by a national express mail service that
provides evidence of delivery.
SEC. 28. Section 45019 of the Public Resources Code is amended to
read:
45019. At least 10 days prior to the date of issuance of an
enforcement order which is not for an emergency, or within five days
from the date of issuance of an enforcement order for an emergency,
or within 15 days from the date of discovery of a violation of a
state law, regulation, or term or condition of a solid waste
facilities permit for a solid waste facility or disposal site, which
is likely to result in an enforcement action, the following agencies
shall, to the extent that the enforcement action involves a violation
that may also be under the jurisdiction of another state regulatory
agency, provide a written statement providing an explanation of, and
justification for, the enforcement order or a description of the
violation in the following manner:
(a) The enforcement agency, as appropriate, shall provide the
statement to the regional water board, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(b) A regional water board, as appropriate, shall provide the
statement to the enforcement agency, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(c) An air pollution control district or an air quality management
district, as appropriate, shall provide the statement to the
enforcement agency, the board, the regional water board, and the
Department of Toxic Substances Control.
(d) The Department of Toxic Substances Control, as appropriate,
shall provide the report of inspection required by paragraph (1) of
subdivision (c) of Section 25185 of the Health and Safety Code to the
enforcement agency, the board, the regional water board, and the air
pollution control district or air quality management district.
SEC. 29. Section 45020 of the Public Resources Code is amended to
read:
45020. (a) Within 30 days from the date of receipt of a notice of
the issuance of, or the proposal to issue, an enforcement order
pursuant to Section 45022, the regional water board, the enforcement
agency, or the air pollution control district or the air quality
management district, and the Department of Toxic Substances Control,
as appropriate, shall inspect the solid waste facility or disposal
site to determine whether any state law, regulation, or term or
condition of a permit, which that board or agency is authorized to
enforce, is being violated.
(b) Each agency, to the maximum extent allowed by law, shall do
all of the following with respect to enforcement activities at solid
waste facilities and disposal sites:
(1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
(2) Notify the owner and operator of the solid waste facility or
owner and operator of the disposal site of a violation before
imposing an administrative civil penalty.
(3) Prior to imposing an administrative penalty, and upon the
request of the owner or operator of the solid waste facility or owner
or operator of the disposal site, meet with the owner or operator to
clarify the regulatory requirements and to determine what actions,
if any, the owner or operator could voluntarily take to bring the
solid waste facility or disposal site into compliance by the earliest
feasible date. If a contemporaneous enforcement action or
investigation dealing with the same violation or with similar
violations is being pursued by another regulatory agency, a city
attorney, a county counsel, a district attorney, or the Attorney
General, the operator may request a meeting with all those
investigating and enforcement entities.
(4) Consider the factors prescribed in Section 45016 in
determining appropriate enforcement actions.
SEC. 30. Section 45021 of the Public Resources Code is amended to
read:
45021. If any board or agency specified in Section 45019 receives
a complaint concerning a solid waste facility or disposal site and
the board or agency determines that it is not authorized to take
action concerning the complaint, the board or agency shall refer the
complaint within 30 days from the date of receipt to another state
agency that it determines is authorized to take action.
SEC. 31. Section 45022 of the Public Resources Code is amended to
read:
45022. If any agency or board specified in Section 45019 receives
a complaint concerning a solid waste facility or disposal site that
the agency or board does not refer to another state agency pursuant
to Section 45021, or if the agency or board receives this complaint
referred to it by another agency or board pursuant to Section 45021,
the agency or board shall either take appropriate enforcement action
concerning the facility or site pursuant to this part, or refer the
complaint to the Attorney General, the district attorney, the city
attorney, or the county counsel, whichever is applicable, or, at the
earliest feasible date, not to exceed 60 days, provide the person who
filed the complaint with a written statement explaining why an
enforcement action would not be appropriate.
SEC. 32. Section 45023 of the Public Resources Code is amended to
read:
45023. A civil penalty of not more than ten thousand dollars
($10,000) may be imposed upon a person who for each day the violation
or operation occurs:
(a) Owns or operates a solid waste facility or disposal site and
who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit or a standard, requirement, or order applicable to
a solid waste facility or disposal site.
(b) Operates a solid waste facility without a solid waste
facilities permit.
(c) With respect only to a solid waste facility or disposal site,
intentionally or negligently violates a provision of this division,
or a regulation, administrative order, or standard adopted by the
board or an enforcement agency.
SEC. 33. Chapter 2 (commencing with Section 45025) is added to
Part 5 of Division 30 of the Public Resources Code, to read:
CHAPTER 2. CRIMINAL ENFORCEMENT
45025. (a) (1) A violation of Part 4 (commencing with Section
43000) is a misdemeanor punishable by a fine of not less than five
hundred dollars ($500) and not more than ten thousand dollars
($10,000) for each violation. Each instance of disposal that violates
Section 44000.5 is a separate violation.
(2) In addition to a fine under paragraph (1), a violation
punishable under paragraph (1) is punishable by imprisonment in a
county jail for not more than six months if any of the following
circumstances apply to the person convicted of a violation of this
section and cause or threaten to cause serious harm to public health
or safety or the environment:
(A) The person knowingly makes a false statement in a permit
application or other document used for the purpose of compliance with
this chapter.
(B) The person knowingly destroys, alters, or conceals any records
required to be maintained pursuant to this chapter.
(C) The person withholds information requested by the enforcement
agency.
(D) The person is convicted of more than one violation of this
division, or is in violation of more than one regulation adopted
pursuant to this division or term and condition of a permit.
(E) Upon receipt of an order from the board or a local enforcement
agency, the person fails to correct or make reasonable progress
toward correcting a violation.
(b) In addition to any fine imposed upon a conviction, the court
may require, as a condition of probation and in addition to any other
condition of probation, that the person convicted under this section
remove, or pay the cost of removing, any solid waste the person
unlawfully disposed, caused, or arranged to be disposed, transported,
or accepted for disposal.
SEC. 34. Section 45033 of the Public Resources Code is repealed.
SEC. 35. Section 45040 of the Public Resources Code is amended to
read:
45040. (a) Within 30 days from the date of service of a copy of a
decision or order issued by the board pursuant to Section 45031 or
45032, any aggrieved party may file with the superior court a
petition for a writ of mandate for review thereof.
(b) (1) The filing of a petition for writ of mandate shall not
stay any enforcement action taken or the accrual of any penalties
assessed, pursuant to this part or Part 5 (commencing with Section
45000).
(2) Paragraph (1) shall not prohibit the court from granting any
appropriate relief within its jurisdiction.
SEC. 36. 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, or the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.