California Legislature—2015–16 Regular Session

Assembly BillNo. 901


Introduced by Assembly Member Gordon

February 26, 2015


An act to amend Section 41821.5 of, to amend and renumber Section 41821.6 of, and to add Sections 41821.6, 41821.7, and 41821.8 to, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 901, as introduced, Gordon. Solid waste: reporting requirements: enforcement.

The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law requires disposal facility operators to submit information to counties from periodic tracking surveys on the disposal tonnages that are disposed of at the disposal facility by jurisdiction or region of origin. Existing law requires solid waste handlers and transfer station operators to provide information to the disposal facility on the origin of the solid waste they deliver to the disposal facility. Existing law requires recycling and composting facilities to submit periodic information to counties on the types and quantities of materials that are disposed of, sold to end users, or sold to exporters or transporters for sale outside of the state, by county of origin. Existing law requires counties to submit periodic reports to the cities within the county, to any regional agency of which the county is a member, and to the Department of Resources, Recycling and Recovery on the amounts of solid waste disposed of by jurisdiction or region of origin, and on the categories and amounts of solid waste diverted to recycling and composting facilities within the county or region. Existing law authorizes the department to adopt regulations in this regard.

This bill would revise these provisions by, among other things, requiring recycling and composting operations and facilities to submit specified information directly to the department, rather than to counties, and would delete the requirement for counties to submit that information to cities, regional agencies, and the department. The bill would delete references to periodic tracking surveys. The bill would make other related changes to the various reporting requirements. The bill would provide for imposition of civil penalties on any person who refuses or fails to submit information required by the governing regulations, and on any person who knowingly or willfully files a false report, refuses to permit the department to inspect or examine associated records, or alters, cancels, or obliterates entries in the records, as specified. The bill would provide that the civil penalties may be imposed either in a civil action or administratively pursuant to process specified in the bill. The bill would provide for local agencies, on request, to be designated by the department to exercise the enforcement authority. The bill would require recovered civil penalties to be deposited in the Integrated Waste Management Account if recovered by action of the department, or to be retained by the local agency taking the enforcement action, as applicable. The bill would require moneys retained by a local agency pursuant to these provisions to be expended on specified solid waste activities.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 41821.5 of the Public Resources Code
2 is amended to read:

3

41821.5.  

(a) Disposal facility operators shall submit to counties
4informationbegin delete from periodic tracking surveysend delete on the disposal
5tonnages by jurisdiction or region of origin that are disposed of at
6each disposal facility. To enable disposal facility operators to
7provide that information, solid waste handlers and transfer station
8operators shall provide information to disposal facility operators
9on the origin of the solid waste that they deliver to the disposal
10facility.

P3    1(b) Recycling and compostingbegin insert operations andend insert facilities shall
2submit periodic information tobegin delete countiesend deletebegin insert the departmentend insert on the
3types and quantities of materials that are disposed of,begin insert sold or
4transferred to other recycling or composting facilities,end insert
sold to end
5usersbegin insert inside of the state or outside of the stateend insert, or that are sold to
6exportersbegin insert, brokers,end insert or transporters for sale outside of the statebegin delete, by
7county of originend delete
. begin deleteWhen materials are sold or transferred by one
8recycling or composting facility to another, for other than an end
9use of the material or for export, the seller or transferor of the
10material shall inform the buyer or transferee of the county of origin
11of the materials. The reporting requirements of this subdivision
12do not apply to entities that sell the byproducts of a manufacturing
13process.end delete
begin insert The department may provide this information to
14jurisdictions upon request.end insert

15(c) Each county shall submitbegin delete periodicend delete reports to the cities within
16the county, to any regional agency of which it is a member agency,
17and to thebegin delete boardend deletebegin insert departmentend insert, on the amounts of solid waste
18disposed by jurisdiction or region of origin, as specified in
19subdivision (a)begin delete, and on the categories and amounts of solid waste
20diverted to recycling and composting facilities within the county
21or region, as specified in subdivision (b)end delete
.

22(d) Thebegin delete boardend deletebegin insert departmentend insert may adopt regulations pursuant to
23this section requiring practices and procedures that are reasonable
24and necessary tobegin delete perform the periodic tracking surveys required
25byend delete
begin insert implementend insert this section, and that provide a representative
26accounting of solid wastesbegin insert and recyclable materialsend insert that are
27handled, processed, or disposed. Those regulationsbegin delete or periodic
28tracking surveysend delete
approved by thebegin delete boardend deletebegin insert departmentend insert shall not
29impose an unreasonable burden on wastebegin insert and recyclingend insert handling,
30processing, or disposal operations or otherwise interfere with the
31safe handling, processing, and disposal of solid wastebegin insert and
32recyclablesend insert
.

begin insert

33(e) Any person who refuses or fails to submit information
34required by regulations adopted pursuant to this section is liable
35for a civil penalty of not less than five hundred dollars ($500) and
36not more than five thousand dollars ($5,000) for each violation of
37a separate provision or, for continuing violations, for each day
38that the violation continues.

end insert
begin insert

39(f) Any person who knowingly or willfully files a false report,
40or any person who refuses to permit the department or any of its
P4    1representatives to make inspection or examination of records, or
2who fails to keep any records for the inspection of the department,
3or who alters, cancels, or obliterates entries in the records for the
4purpose of falsifying the records as required by regulations
5adopted pursuant to this section, is liable for a civil penalty of not
6less than five hundred dollars ($500) and not more than ten
7thousand dollars ($10,000) for each violation of a separate
8provision or, for continuing violations, for each day that the
9violation continues.

end insert
begin insert

10(g) Liability under this section may be imposed in a civil action,
11or liability may be imposed administratively pursuant to this
12article.

end insert
begin insert

13(h) Upon request of a city, county, or city and county, that city,
14county, or city and county may be designated, in writing, by the
15department, to exercise the enforcement authority granted to the
16department under this article. Any city, county, or city and county
17so designated shall follow the same procedures set forth for the
18department under this article. This designation shall not limit the
19authority of the department to take action it deems necessary or
20proper to ensure enforcement of this article.

end insert
begin insert

21(i) Notwithstanding Title 5 (commencing with Section 3426) of
22Part 1 of Division 4 of the Civil Code and Article 11 (commencing
23with Section 1060) of Chapter 4 of Division 8 of the Evidence
24Code, all records required to be kept pursuant to this section and
25implementing regulations shall be subject to inspection and copying
26by the department or by a governmental entity designated by the
27department.

end insert
begin insert

28(j) Notwithstanding the Uniform Electronic Transactions Act
29(Title 2.5 (commencing with Section 1633.1) of Part 2 of Division
303 of the Civil Code), reports required by this section shall be
31submitted electronically, using an electronic reporting format
32system established by the department.

end insert
33

SEC. 2.  

Section 41821.6 of the Public Resources Code is
34amended and renumbered to read:

35

begin delete41821.6.end delete
36begin insert41821.9.end insert  

To assist market development efforts by the board,
37local agencies, and the private sector, the board shall use existing
38data resourcesbegin delete collected from recycling, composting, and disposal
39facilities, or from other sources, to provide periodic information
40on the recovery and availability of recycled materialsend delete
.

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SEC. 3.  

Section 41821.6 is added to the Public Resources Code,
2to read:

3

41821.6.  

In order to ensure that records required pursuant to
4this article are properly maintained, in addition to inspecting
5records, the department or its designee may conduct audits, perform
6site inspections, observe facility operations, and otherwise
7investigate the recordkeeping and reporting of persons subject to
8the requirements of this article.

9

SEC. 4.  

Section 41821.7 is added to the Public Resources Code,
10to read:

11

41821.7.  

(a) The department may issue an administrative
12complaint to any person on whom civil liability may be imposed
13pursuant to this article. The complaint shall allege the acts or
14failures to act that constitute the basis for liability and the amount
15of the proposed civil liability. The complaint shall be served by
16personal service or certified mail and shall inform the party so
17served that a hearing shall be conducted within 60 days after the
18party has been served, unless the party waives the right to a hearing.

19(b) If the party waives the right to a hearing, the department
20shall issue an order setting liability in the amount proposed in the
21complaint unless the department and the party have entered into
22a settlement agreement, in which case the department shall issue
23an order setting liability in the amount specified in the settlement
24agreement. If the party has waived the right to a hearing or if the
25department and the party have entered into a settlement agreement,
26the order shall not be subject to review by any court or agency.

27(c) Any hearing required under this section shall be conducted
28by an independent hearing officer according to the procedures
29specified in Chapter 5 (commencing with Section 11500) of Part
301 of Division 3 of Title 2 of the Government Code, except as
31otherwise specified in this section.

32

SEC. 5.  

Section 41821.8 is added to the Public Resources Code,
33to read:

34

41821.8.  

(a) Orders setting civil liability issued under this
35section shall become effective and final upon issuance thereof,
36and payment shall be made within 30 days of issuance. Copies of
37these orders shall be served by personal service or by certified
38mail upon the party served with the complaint and upon other
39persons who appeared at the hearing and requested a copy.

P6    1(b) Within 30 days after service of a copy of a decision, any
2person so served may file with the superior court a petition for
3writ of mandate for review of the decision. Any person who fails
4to file the petition within the 30-day period may not challenge the
5reasonableness or validity of a decision or order of the hearing
6officer in any judicial proceedings brought to enforce the decision
7or order or for other remedies.

8(c) Except as otherwise provided in this section, Section 1094.5
9of the Code of Civil Procedure governs any proceedings conducted
10pursuant to this subdivision. In all proceedings pursuant to this
11subdivision, the court shall uphold the decision, if the decision is
12based upon substantial evidence in the whole record.

13(d) This section does not prohibit the court from granting any
14appropriate relief within its jurisdiction.

15(e) All penalties collected under this article shall be deposited
16in the Integrated Waste Management Account created pursuant to
17Section 48001 if the attorney who brought the action represented
18the department, or shall be retained by a city, county, or city and
19county designated pursuant to subdivision (c) of Section 41821.5,
20if the attorney who brought the action represents the city, county,
21or city and county. The moneys retained by the city, county, or
22city and county shall be expended on duties required under this
23article and implementing regulations.



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