AB 864, as introduced, Williams. Solid waste facilities: temporary permits.
(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, prohibits a person from operating a solid waste facility without a solid waste facilities permit if that facility is required to have a permit pursuant to the act. The enforcement agency is required to immediately issue a cease and desist order ordering a solid waste facility that is operating without a permit to immediately cease operations and to direct the owner or operator of the facility to obtain a permit.
This bill would require the department to adopt regulations to authorize an enforcement agency, upon the department’s approval, to issue a temporary solid waste facilities permit to a person carrying out solid waste operations at a facility that is required under the act to have a solid waste facilities permit, but for which a permit has not been obtained. The bill would require the regulations to direct any person desiring to obtain a temporary solid waste facilities permit to submit an application to the enforcement agency no later than 60 days from the date it is determined by the enforcement agency that a permit is required. The bill would require the owner or operator of a facility covered under a temporary permit to agree to inspections, at least monthly, by the enforcement agency.
The bill would require a local enforcement agency to notify the operators of all facilities within its jurisdiction of the availability of temporary solid waste facilities permits, thereby imposing a state-mandated local program by imposing new duties upon local enforcement agencies. The bill would also require the department to expeditiously review and act on a proposed temporary solid waste facilities permit.
(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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 44002.1 is added to the Public Resources
2Code, to read:
(a) The Legislature finds and declares all of the
4following:
5(1) The swift advance of new trends in solid waste handling and
6collection practices, such as single-stream collection of recyclable
7materials, including, but not limited to, carpet, mattresses, and
8other materials, has resulted in the regulations adopted by the
9department that govern solid waste facilities not keeping pace with
10those trends, leading to the failure to comply with existing law by
11a substantial number of persons carrying out solid waste handling
12activities.
13(2) As cities and counties make greater efforts to increase the
14diversion of solid waste from landfills, the department anticipates
15that many new
recycling and solid waste handling activities will
16commence in California in the next decades.
17(3) To address these trends, it is necessary to provide a
18temporary permitting scheme to enable the operators of existing
19solid waste facilities to obtain temporary permits more quickly
P3 1than is possible under existing law, in order to protect the public
2health and safety, and the environment.
3(b) The department shall adopt regulations pursuant to
4subdivision (d) to authorize an enforcement agency, upon the
5department’s approval, to issue a temporary solid waste facilities
6permit to a person operating a solid waste facility that is required
7under this division and the regulations adopted by the department
8pursuant to this division to obtain a solid waste facilities permit,
9but for which a permit has not been obtained. The regulations
10adopted by the department shall specify all of the
following:
11(1) A requirement that a person desiring to obtain a temporary
12solid waste facilities permit submit a complete and correct
13application for the permit to the enforcement agency having
14jurisdiction no later than 60 days from the date the enforcement
15agency determines a solid waste facility permit is required.
16(2) The period of time during which a temporary solid waste
17facility permit shall remain effective.
18(3) The types and operational status of solid waste facilities that
19will be eligible to obtain a temporary solid waste facilities permit.
20(4) A requirement that the owner or operator of a facility covered
21under a temporary solid waste facilities permit agree to allow the
22facility to be inspected, at least monthly, by the enforcement
23
agency.
24(c) (1) An enforcement agency shall diligently notify the
25operators of all solid waste facilities within its jurisdiction of the
26availability of temporary solid waste facilities permits under the
27regulations adopted pursuant to this section.
28(2) The department shall expeditiously review and act on a
29proposed temporary solid waste facilities permit submitted to it
30by an enforcement agency for approval. Upon the request of an
31enforcement agency, the department shall provide assistance to
32the enforcement agency to expeditiously process applications for
33temporary solid waste facilities permits.
34(d) The regulations adopted by the department pursuant to this
35section may be adopted as emergency regulations and shall be
36considered by the Office of Administrative Law as necessary for
37the
immediate preservation of the public peace, health and safety,
38or general welfare. The department shall file the emergency
39regulations with the Office of Administrative Law at the earliest
40feasible date.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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