BILL NUMBER: SB 833 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Vargas
(Coauthor: Assembly Member Hueso)
FEBRUARY 18, 2011
An act to amend Section 44002 of add
Section 44000.6 to the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 833, as amended, Vargas. Solid waste: disposal
facilities permit. : San Diego County.
The
(1) The California Integrated
Waste Management Act of 1989 regulates the management of solid waste.
The act authorizes 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 of solid waste facilities
permits.
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 determines that the permit application is consistent with the
requirements of the act prohibits a person from
disposing of solid waste, causing sol id waste to be
disposed of, arranging for the disposal of solid waste, transporting
solid waste, or accepting solid waste for disposal, except at a
permitted solid waste disposal facility. A violation of the
provisions prohibiting the disposal of solid waste is a crime .
This bill would additionally prohibit an enforcement
agency from issuing a solid waste facilities permit, on or after
January 1, 2012, if that permit would allow the disposal of solid
waste within 500 feet of a river that supplies any aquifer that
provides drinking water for more than 50,000 persons, or within 1,000
feet of a site considered to be sacred and of spiritual importance
to a federally recognized Indian tribe. prohibit a
person from constructing or operating a solid waste landfill disposal
facility located in the County of San Diego if that disposal
facility is located within 1,000 feet of the San Luis Rey River or an
aquifer that is hydrologically connected to that river and is within
1,000 feet of a site that is considered sacred or of spiritual or
cultural importance to a tribe and is listed in the California Native
American Heritage Commission Sacred Lands Inventory.
The bill would require the enforcement agency to enforce a
violation of this prohibition by the immediate issuance of a cease
and desist order, thereby imposing a state-mandated local program by
imposing a new duty upon local agencies.
The bill would make a declaration of legislative findings
regarding why a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.
Because a violation of this bill's requirements would be a crime,
the bill would impose a state-mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44000.6 is added to the
Public Resources Code , to read:
44000.6. (a) Notwithstanding any other provision of this
division, a person shall not construct or operate a solid waste
landfill disposal facility in the County of San Diego if that
disposal facility meets both of the following conditions:
(1) Any portion of the disposal facility is located on or within
1,000 feet of the San Luis Rey River or an aquifer that is
hydrologically connected to that river.
(2) The disposed facility is located on or within 1,000 feet of a
site that is considered sacred or of spiritual or cultural importance
to a tribe, as defined in Section 44201, and that is listed in the
California Native American Heritage Commission Sacred Lands
Inventory.
(b) This section does not apply to a permitted disposal facility
at which solid waste was disposed of before January 1, 2012, or to
the expansion of that facility.
(c) The enforcement agency shall enforce a violation of this
section by the immediate issuance of a cease and desist order
pursuant to Section 45005.
SEC. 2. The Legislature finds and declares that,
due to the unique circumstances arising from a proposal to construct
and operate a solid waste landfill that would be located adjacent to
the San Luis Rey River and its drinking water supplies and to sites
considered sacred by numerous Native American tribes, and given the
unique relationship between the state government and tribal
governments in the state, a statute of general applicability cannot
be enacted within the meaning of subdivision (b) of Section 16 of
Article IV of the California Constitution, and therefore this special
statute is necessary.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the costs may be incurred by a local agency or
school district 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 or 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.
SECTION 1. Section 44002 of the Public
Resources Code is amended to read:
44002. (a) (1) A person shall not operate a solid waste facility
without a solid waste facilities permit if that facility is required
to have a permit pursuant to this division.
(2) The prohibition specified in paragraph (1) includes, but is
not limited to, the operation of a solid waste facility without a
required solid waste facilities permit or the operation of a solid
waste facility outside the permitted boundaries specified in a solid
waste facilities permit.
(b) If the enforcement agency determines that a person is
operating a solid waste facility in violation of subdivision (a), the
enforcement agency shall immediately issue a cease and desist order
pursuant to Section 45005 ordering the facility to immediately cease
all activities for which a solid waste facilities permit is required
and desist from those activities until the person obtains a valid
solid waste facilities permit authorizing the activities or has
obtained other authorization pursuant to this division.
(c) Notwithstanding any other provision of this division, an
enforcement agency shall not issue a solid waste facilities permit,
on or after January 1, 2012, if that permit would allow the disposal
of solid waste within 500 feet of an aquifer that provides a source
of drinking water for more than 50,000 persons, or within 1,000 feet
of a site considered to be sacred and of spiritual importance to a
federally recognized Indian tribe.