BILL NUMBER: AB 59	CHAPTERED
	BILL TEXT

	CHAPTER   952
	FILED WITH SECRETARY OF STATE   OCTOBER 16, 1995
	APPROVED BY GOVERNOR   OCTOBER 16, 1995
	PASSED THE ASSEMBLY   SEPTEMBER 15, 1995
	PASSED THE SENATE   SEPTEMBER 14, 1995
	AMENDED IN SENATE   SEPTEMBER 12, 1995
	AMENDED IN SENATE   JULY 10, 1995
	AMENDED IN ASSEMBLY   MAY 30, 1995
	AMENDED IN ASSEMBLY   APRIL 26, 1995

INTRODUCED BY  Assembly Member Sher

                        DECEMBER 16, 1994

   An act to amend Section 40232 of, and to amend, repeal, and add
Section 41705 of, the Health and Safety Code, and to amend Sections
42650, 43202, 43205, 43207, 43209, 43211, 43212, 43214, 43215, 43507,
44001, 44004, 44008, 44009, 44012, 44014, 44015, 44016, 44017, and
44018 of, to amend and repeal Section 43209.1 of, to amend, repeal,
and add Section 44002 of, to add Sections 43212.1, 43215.1, 43222,
and 43310.1 to, to add Part 6 (commencing with Section 45030) to, to
repeal Sections 44013 and 44105 of, to repeal and add Section 44005
of, and to repeal and add Chapter 4 (commencing with Section 44300)
of Part 4 of, and Part 5 (commencing with Section 45000) of, Division
30 of, the Public Resources Code, relating to waste, and declaring
the urgency thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 59, Sher.  Waste:  solid waste facilities:  permits:
enforcement.
   (1) Existing law, the California Integrated Waste Management Act
of 1989, regulates the management of solid waste.  The act authorizes
the California Integrated Waste Management Board to establish a
comprehensive research and development program, including, but not
limited to, the establishment of cooperative research and development
facilities at universities and colleges in the state, designed to
achieve specified goals regarding innovative resource management and
waste reduction programs.
   This bill would authorize the board to establish those cooperative
research and development facilities in cooperation with the
Department of Conservation, and would make clarifying changes in
those provisions.
   (2) The act requires the board and certified local enforcement
agencies to perform specified functions with regard to the regulation
of solid waste management, including with regard to the issuance and
enforcement of solid waste facilities permits.
   This bill would require each proposed enforcement agency, as part
of the certification process, to establish and maintain an inspection
program, as specified, thereby imposing a state-mandated local
program.
   (3) The act provides that the board may designate and certify a
local enforcement agency within each county to carry out specified
powers and duties.  The act requires the board, if a local
enforcement agency is not designated and certified, in addition to
its other powers and duties, to be the enforcement agency within the
county.  The act authorizes the board, when acting as the enforcement
agency, to charge reasonable fees to the local governing body to
recover its costs, in addition to other specified fee authority.
   This bill would require the board, if it is the enforcement agency
and an enforcement agency is then designated and certified by the
board, to continue to act as the enforcement agency for the remainder
of the fiscal year unless otherwise specified by the board.  The
bill would authorize the board, when it is the enforcement agency, to
impose fees to recover its costs of operation on the local governing
body, a solid waste facility operator, or a solid waste enterprise
that operates within the jurisdiction, and would require the board to
collect those fees in a manner determined by the board and developed
in consultation with the local governing body.  The bill would
require those fees to bear a direct relationship to the reasonable
and necessary costs, as determined by the board, of providing for the
efficient operation of the activities or programs for which the fee
is imposed.  The bill would require any fees or charges imposed by
the local enforcement agency pursuant to specified provisions of the
act to bear a direct relationship to the reasonable and necessary
cost, as determined by the enforcement agency, of providing those
activities or programs, as specified, thereby imposing a
state-mandated local program.  The bill would also require, if the
board is the enforcement agency, the board and the local governing
body, with the exception of the local governing body for Stanislaus
County or Santa Cruz County, to enter into a specified agreement,
thereby imposing a state-mandated local program.  The bill would
prescribe other related matters.
   (4) The act requires any person who proposes to become an operator
of a solid waste facility to file with the local enforcement agency
having jurisdiction over the facility, or the board if no local
enforcement agency is designated and certified, an application for a
solid waste facilities permit at least 120 days in advance of the
date on which it is desired to commence operation.
   The act prohibits the operator of a solid waste facility from
making a significant change in the design or operation of any solid
waste facility, except in conformance with the terms and conditions
of an approved solid waste facilities permit or revised solid waste
facilities permit issued by the local enforcement agency, or the
board acting as the enforcement agency, to the operator.
   This bill would instead require that application to be filed 150
days in advance of the date on which it is desired to commence
operations unless the enforcement agency allows the operator to
commence operations prior to that date.
   The bill would prohibit 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 terms and conditions of the solid waste facilities permit are
revised to reflect the change, or the change is allowed by the
enforcement agency, due to specified circumstances, without requiring
a revised permit.
   The bill would also specify the procedure for changing the person
identified as the owner or operator of a solid waste facility on the
solid waste facilities permit, and would prescribe related matters.
   The bill, for a prescribed 2-year period, would exempt compost
operations from air pollution control provisions prohibiting the
discharge of air contaminants that cause, among other things,
nuisance or annoyance.  As to compost operations subject to the
jurisdiction of an enforcement agency under the act, the bill would
require an air pollution control district or air quality management
district to transmit any complaint pertaining to odors that emanate
directly from the facility to the enforcement agency.  The
enforcement agency would be required to take appropriate action in
consultation with the district.
   (5) The act provides for the denial, suspension, or revocation of
permits, and generally provides for the administrative enforcement of
solid waste management.
   This bill would require, if the enforcement agency determines that
a person is operating a solid waste facility without a permit or
disposing of solid waste in an unauthorized manner, the enforcement
agency to issue a cease and desist order, as specified, thereby
imposing a state-mandated local program.  The bill would prohibit any
change in the design or operation of a solid waste facility unless
the operator meets specified conditions.
   (6) The bill would require that, by January 1, 1996, the board
prepare a list of solid waste facilities permits that have not been
reviewed in the 5-year period prior to the formation of the list, and
which meet certain conditions, as specified.
   (7)  The act requires, for those facilities that accept both
hazardous wastes and other solid wastes, the Department of Toxic
Substances Control to exercise enforcement and regulatory powers
relating to the control of the hazardous wastes at the facility
pursuant to specified provisions of law.  The act requires the board,
at mixed waste facilities, to exercise enforcement and regulatory
powers relating to the control of solid wastes, other than hazardous
wastes, at the facility, pursuant to specified provisions of law.
   This bill would instead require the board and the enforcement
agency, at solid waste disposal facilities, to exercise enforcement
and regulatory powers relating to the control of solid wastes and
asbestos containing waste, as defined, in accordance with specified
provisions.
   (8) The bill would repeal and recast provisions of the act
allowing an applicant to request a hearing if the enforcement agency
denies a permit or if the applicant determines that the terms or
conditions imposed by the permit are inappropriate, as determined by
the applicant.  The bill would revise provisions pertaining to the
denial, suspension, or revocation of permits.  The bill would provide
for a permit suspension where changed conditions at the solid waste
facility necessitate a permit revision or modification, as specified.

   (9) The bill would also revise and recast provisions pertaining to
corrective action and cease and desist orders, provide for civil
penalties, and specify enforcement procedures.
   (10) The bill would make various clarifying and technical changes.

  (11) 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.
   (12) The bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature in enacting this
act that all provisions of the California Integrated Waste Management
Act of 1989 (Division 30 (commencing with Section 40000) of the
Public Resources Code), including those provisions related to
enforcement, shall be applicable to all facilities that are within
the jurisdiction of an enforcement agency.
  SEC. 2.  Section 40232 of the Health and Safety Code is amended to
read:
   40232.  Except as provided in Section 41705, the bay district
board shall establish standards for the emission of identifiable
odor-causing substances.  Exceptions or variances may be granted from
such standards in a manner provided by the bay district board.  No
person shall discharge from any source any contaminant which violates
such standards.
  SEC. 2.1.  Section 41705 of the Health and Safety Code is amended
to read:
   41705.  (a) Section 41700 shall not apply to odors emanating from
either of the following:
   (1) Agricultural operations necessary for the growing of crops or
the raising of fowl or animals.
   (2) Operations that produce, manufacture, or handle compost, as
defined in Section 40116 of the Public Resources Code, provided that
the odors emanate directly from the compost facility or operations.
   (b) If a district receives a complaint pertaining to an odor
emanating from a compost operation exempt from Section 41700 pursuant
to paragraph (2) of subdivision (a), that is subject to the
jurisdiction of an enforcement agency under Division 30 (commencing
with Section 40000) of the Public Resources Code, the district shall,
as soon as is feasible, refer the complaint to the enforcement
agency.
   (c) This section shall become inoperative on the date that is two
years from the effective date of this section, as amended by Assembly
Bill 59 of the 1995-96 Regular Session, and, as of January 1, 1998,
is repealed, unless a later enacted statute, that becomes operative
on or before that date, deletes or extends the date on which it
becomes inoperative and is repealed.
  SEC. 2.2.  Section 41705 is added to the Health and Safety Code, to
read:
   41705.  (a) Section 41700 shall not apply to odors emanating from
agricultural operations necessary for the growing of crops or the
raising of fowl or animals.
   (b) This section shall become operative on the date that is two
years from the effective date of this section.
  SEC. 2.3.  Section 42650 of the Public Resources Code is amended to
read:
   42650.  (a) The board may establish a research and development
program, based on priorities that are consistent with Section 40051,
and designed to identify, develop, and refine processes and
technologies that will assist state and local governments and private
industries to implement innovative resource management and waste
reduction programs.  The board may conduct research and development
programs, upon appropriation therefor by the Legislature, that
include, but are not limited to, all of the following:
   (1) Establishing, in coordination with the Department of
Conservation, a recycling extension service within the board to serve
as a central clearinghouse for recycling research information.
   (2) Establishing cooperative research and development facilities
at universities and colleges in the state.
   (3) Developing a research program to study the feasibility of
using disposal site mining technology to extend the life of existing
disposal sites, recover valuable resources, and to reuse the
reclaimed disposal site in an environmentally sound manner.
   (4) Establishing a research program to identify educational and
promotional methods that can effect environmentally positive changes
in human behavior.
   (5) Conducting studies into hazards posed by special wastes and by
ash and air emissions from the incineration of waste.
   (6) Conducting research to develop statistical tools to establish
computer-based data bases on waste characteristics, special waste
volumes, and county and regional waste capacities.
   (7) Analyzing disposal site encroachment problems and assisting
local agencies in the development of effective public policy tools to
discourage disposal site encroachment.
   (b) The board shall submit the results of the research and
development programs specified in subdivision (a) in the report
required pursuant to Section 40507.
  SEC. 3.  Section 43202 of the Public Resources Code is amended to
read:
   43202.  An enforcement agency may be designated by the local
governing body and certified by the board to act to carry out this
chapter within each jurisdiction.  If an enforcement agency is not
designated and certified, the board, in addition to its other powers
and duties, shall be the enforcement agency within the jurisdiction,
subject to the agreement required pursuant to Section 43212.1 or
43310.1.
  SEC. 4.  Section 43205 of the Public Resources Code is amended to
read:
   43205.  (a) Except as provided in subdivision (b), if no
enforcement agency is designated and certified, the board shall be
the enforcement agency and shall assume all the powers and duties of
an enforcement agency pursuant to this chapter, subject to the
agreement required pursuant to Section 43212.1 or 43310.1.  If the
board is the enforcement agency and an enforcement agency is then
designated and certified by the board, the board shall continue to
act as the enforcement agency for the remainder of the fiscal year,
with those responsibilities terminating as of June 30, unless
otherwise specified by the board.
   (b) Notwithstanding subdivision (a), if no enforcement agency is
designated and certified for Stanislaus County or Santa Cruz County,
the board shall be the enforcement agency, and shall assume all of
the powers and duties of an enforcement agency for that county, but
shall not be required to enter into the agreement required pursuant
to Sections 43212.1 or 43310.1.
   (c) The board and the enforcement agency shall not, at any time,
impose duplicative fees or charges on the owner or operator of a
solid waste facility.
  SEC. 5.  Section 43207 of the Public Resources Code is amended to
read:
   43207.  No local governmental department or agency, or any
employee thereof, which is the operating unit for a solid waste
handling or disposal operation shall be the enforcement agency, or an
employee thereof, for the types of solid waste handling or disposal
operation it conducts unless authorized by the board to act in that
capacity.
  SEC. 6.  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) 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).  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.  Any such standard 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) Consult, as appropriate, with the appropriate local health
agency concerning all actions which involve health standards.  The
consultation 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.  The inspection
program shall be designed to determine whether any solid waste
facility is operating without a permit, or in violation of state
minimum standards, or in violation of the terms and conditions of its
solid waste facilities permit, or may pose a significant threat to
public health and safety or to the environment, based on any relevant
information.  The inspection program 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.
  SEC. 6.5.  Section 43211 of the Public Resources Code is amended to
read:
   43211.  (a) For those facilities which accept both hazardous
wastes and other solid wastes, the State Department of Health
Services shall exercise enforcement and regulatory powers relating to
the control of the hazardous wastes at the facility pursuant to
Chapter 6.5 (commencing with Section 25000) of Division 20 of the
Health and Safety Code.  The board and the enforcement agency shall,
at solid waste disposal facilities, exercise enforcement and
regulatory powers relating to the control of solid wastes and
asbestos containing waste, as provided in Section 44820.
   (b) For purposes of this section, "asbestos containing waste"
means waste that contains more than 1 percent by weight, of asbestos
which is either friable or nonfriable.
  SEC. 7.  Section 43209.1 is added to the Public Resources Code, to
read:
   43209.1.  (a) Notwithstanding any other provision of law, if an
enforcement agency receives a complaint, pursuant to subdivision (b)
of Section 41705 of the Health and Safety Code, from an air pollution
control district or an air quality management district pertaining to
an odor emanating from a compost facility under its jurisdiction,
the enforcement agency shall, in consultation with the district, take
appropriate enforcement actions pursuant to this part.  The
enforcement agency shall, within 10 days from the date of receipt of
the complaint, notify the district of any enforcement actions that
have been taken or will be taken to control the emanation of the
odor.
   (b) This section shall become inoperative on the date that is two
years from the effective date of this section and, as of January 1,
1998, is repealed, unless a later enacted statute, that becomes
operative on or before that date, deletes or extends the dates on
which it becomes inoperative and is repealed.
  SEC. 7.5.  Section 43212 of the Public Resources Code is amended to
read:
   43212.  (a) If the board is the enforcement agency, the board may
impose fees to recover its costs of operation on the local governing
body, a solid waste facility operator, or a solid waste enterprise
that operates within the jurisdiction of the enforcement agency, and
shall collect those fees in a manner determined by the board and
developed in consultation with the local governing body.  Any fees
imposed pursuant to this section shall bear a direct relationship to
the reasonable and necessary costs, as determined by the board, of
providing for the efficient operation of the activities or programs
for which the fee is imposed.
   (b) If the board is the enforcement agency for a county and all of
the cities within that county, the local governing body shall be the
county board of supervisors for purposes of this section.
  SEC. 8.  Section 43212.1 is added to the Public Resources Code, to
read:
   43212.1.  If the board is the enforcement agency, the local
governing body and the board shall enter into an agreement which
shall identify the jurisdictional boundaries of the enforcement
agency; address the powers and duties to be performed by the board as
the enforcement agency, and identify an estimated workload and
anticipated costs to the board.
  SEC. 9.  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 within the jurisdiction of each enforcement agency for the
purpose of evaluating whether the enforcement agency is
appropriately applying and enforcing state minimum standards at solid
wastesites 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 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 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 which 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. 10.  Section 43215 of the Public Resources Code is amended to
read:
   43215.  (a) If the board, in conducting the inspection and
performance review required pursuant to Section 43214 or this
section, finds that the enforcement agency is not fulfilling one or
more of its responsibilities, the board shall notify the enforcement
agency of the particular reasons for finding that the enforcement
agency is not fulfilling its responsibilities and of the board's
intention to withdraw its approval of the designation if, within a
time to be specified in that notification, but in no event less than
30 days, the enforcement agency does not take the corrective action
specified by the board.
   (b) The board shall adopt regulations that establish a process for
notice, public hearing, the admission of evidence, and final action
by the board for partial or full withdrawal of the approval of
designation pursuant to this chapter.
  SEC. 11.  Section 43215.1 is added to the Public Resources Code, to
read:
   43215.1.  The board may, upon the written request of an
enforcement agency, provide legal counsel for purposes of compliance
with this part.
  SEC. 12.  Section 43222 is added to the Public Resources Code, to
read:
   43222.  Any fees or charges imposed pursuant to this part by any
enforcement agency shall bear a direct relationship to the reasonable
and necessary cost, as determined by the enforcement agency, of
providing the efficient operation of the activities or programs for
which the fee is assessed.
  SEC. 13.  Section 43310.1 is added to the Public Resources Code, to
read:
   43310.1.  (a) If the board becomes the enforcement agency, on or
after January 1, 1995, the local governing body and the board shall
enter into an agreement which shall identify the jurisdictional
boundaries of the enforcement agency; address the powers and duties
to be performed by the board as the enforcement agency, and identify
an estimated workload and anticipated costs to the board.  The
agreement shall also identify the cost recovery procedures to be
followed by the board pursuant to Section 43310.
   (b) If, after a good faith effort by the board and the local
governing body, no agreement is reached between the local governing
body and the board within the 90-day period specified in Section
43216, or within 90 days after a local governing body notifies the
board of its intent not to designate an enforcement agency pursuant
to Section 43203, the board shall make the determinations specified
in subdivision (a) that would have been the subject of the agreement.

   (c) If the board becomes the enforcement agency for Stanislaus
County or Santa Cruz County, the board shall impose fees authorized
pursuant to this section directly on the solid waste facilities in
those counties, and shall not require the local governing body to
impose or collect those fees.
  SEC. 14.  Section 43507 of the Public Resources Code is amended to
read:
   43507.  The owner and operator shall, regardless of any changes
occurring during the continued operation of the landfill, close and
maintain the landfill during postclosure in accordance with the most
recent closure plan and the most recent postclosure maintenance plan
approved by the board pursuant to this article.  Upon receipt of the
final shipment of solid waste, the most recent closure and
postclosure maintenance plan shall become the governing document for
the disposal site.
  SEC. 15.  Section 44001 of the Public Resources Code is amended to
read:
   44001.  Any person who proposes to become an operator of a solid
waste facility shall file with the enforcement agency having
jurisdiction over the facility, or the board if there is no
designated and certified enforcement agency, an application for a
solid waste facilities permit at least 150 days in advance of the
date on which it is desired to commence operation, unless the
enforcement agency issues a permit to the applicant to commence
operations prior to that time.
  SEC. 16.  Section 44002 of the Public Resources Code is amended to
read:
   44002.  (a) The operation of a solid waste facility by any person,
except as authorized pursuant to a solid waste facilities permit
issued by the enforcement agency, is prohibited.
   (b) This section shall become inoperative on the date that is one
year from the effective date of this section, as amended by Assembly
Bill 59 of the 1995-96 Regular Session, and, as of January 1, 1997,
is repealed, unless a later enacted statute, that becomes operative
on or before that date, deletes or extends the dates on which it
becomes inoperative and is repealed.
  SEC. 17.  Section 44002 is added to the Public Resources Code, to
read:
   44002.  (a) No person shall operate a solid waste facility without
a solid waste facilities permit if that facility is required to have
a permit pursuant to this division.  If the enforcement agency
determines that a person is so operating a solid waste facility, the
enforcement agency shall immediately issue a cease and desist order
pursuant to Section 45005 ordering the facility to immediately cease
operations, and directing the owner or operator of the facility to
obtain a solid waste facilities permit in order to resume operation
of the facility.
   (b) This section shall become operative on the date that is one
year from the effective date of this section.
  SEC. 18.  Section 44004 of the Public Resources Code is amended to
read:
   44004.  (a) No operator of a solid waste facility shall make 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, and 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 150 days in advance
of the date when the proposed modification is to take place unless
the 150-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 30 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 44500) of Chapter 4.
   (f) Under circumstances which present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 120-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) Any 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 any
other requirement 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.
  SEC. 19.  Section 44005 of the Public Resources Code is repealed.

  SEC. 20.  Section 44005 is added to the Public Resources Code, to
read:
   44005.  (a) Any owner or operator of a solid waste facility who
plans to encumber, sell, transfer, or convey the ownership or
operations of a solid waste facility or disposal site to a new owner
or operator, shall notify the enforcement agency and the board, 45
days prior to the date of the anticipated transfer.  The notification
shall be in writing and shall include information as determined by
the board, including any financial assurances, if applicable.
   (b) The enforcement agency and the board shall review the
notification documentation and any available records of enforcement
actions taken against the proposed transferee, and shall determine,
within 30 days of receipt, whether the facility will be operated in
compliance with the terms and conditions of an approved permit and
any other applicable requirements, including, but not limited to, the
requirements of Division 13 (commencing with Section 21000).  If the
solid waste facility will not be operated in compliance with the
terms and conditions of an approved permit, or any other applicable
requirements of Division 13 (commencing with Section 21000), the new
owner or operator shall be required to file an application for a
revised or modified solid waste facilities permit.
   (c) If the enforcement agency or the board determines that the
facility will be operated in compliance with the terms and conditions
of the existing permit, the enforcement agency may change the name
of the owner or operator on the permit.
  SEC. 21.  Section 44008 of the Public Resources Code is amended to
read:
   44008.  (a) A decision to issue or not issue the permit shall be
made by the enforcement agency within 120 days from the date that the
application is deemed complete pursuant to Chapter 4.5 (commencing
with Section 65920) of Division 1 of Title 7 of the Government Code,
unless waived by the applicant.
   (b) The enforcement agency may only issue the permit pursuant to
subdivision (a) if it finds that the proposed solid waste facilities
permit is consistent with this division and any regulations adopted
by the board                                             pursuant to
this division applicable to solid waste facilities.
  SEC. 22.  Section 44009 of the Public Resources Code is amended to
read:
   44009.  (a) (1) The board shall, in writing, concur or object to
the issuance, modification, or revision of any solid waste facilities
permit within 60 days of the board's receipt of any proposed solid
waste facilities permit submitted under Section 44007 after
consideration of the issues in this section.
   (2) If the board determines that the permit is not consistent with
the state minimum standards adopted pursuant to Section 43020, or is
not consistent with Sections 43040, 43600, 44007, 44010, 44017,
44150, and 44152 or Division 31 (commencing with Section 50000), it
shall object to provisions of the permit, and shall submit those
objections to the local enforcement agency for its consideration.
   (3) Until a countywide integrated waste management plan has been
approved by the board pursuant to this division, if the board
determines, based on substantial evidence in the record, that
issuance of the permit would prevent or substantially impair
achievement of the diversion requirements prescribed in Section
41780, the board shall object to the permit and shall submit its
determination and specific objections to the local enforcement
agency, the applicant, and the city or county within which the
facility is located for their consideration.
   (4) If the board fails to concur or object in writing within 60
days, it shall be deemed to have concurred in the issuance of the
permit as submitted to it.
   (b) Notwithstanding subdivision (a), the board is not required to
concur in, or object to, and shall not be deemed to have concurred
in, the issuance of a solid waste facilities permit for a disposal
facility if the owner or operator is not in compliance with, as
determined by the regional water board, an enforcement order issued
pursuant to Chapter 5 (commencing with Section 13300) of Division 7
of the Water Code, or if all of the following conditions exist:
   (1) Waste discharge requirements for the disposal facility issued
by the applicable regional water board are pending review in a
petition before the state water board.
   (2) The petition for review of the waste discharge requirements
includes a request for a stay of the waste discharge requirements.
   (3) The state water board has not taken action on the stay request
portion of the pending petition for review of waste discharge
requirements.
   (c) In objecting to the issuance, modification, or revision of any
solid waste facilities permit pursuant to this section, the board
shall, based upon substantial evidence in the record on the matter
before the board, state its reasons for objecting.  The board shall
not object to the issuance, modification, or revision of any solid
waste facilities permit unless it finds that the permit is not
consistent with state minimum standards adopted pursuant to Section
43020, or is not consistent with Section 43040, 43600, 44007, 44010,
44017, 44150, or 44152, or Division 31 (commencing with Section
50000).
  SEC. 23.  Section 44012 of the Public Resources Code is amended to
read:
   44012.  When issuing or revising any solid waste facilities
permit, the enforcement agency shall ensure that primary
consideration is given to protecting public health and safety and
preventing environmental damage, and that the long-term protection of
the environment is the guiding criterion, and that any terms and
conditions of the solid waste facilities permit are consistent with
subdivision (e) of Section 43209 and this division.
  SEC. 24.  Section 44013 of the Public Resources Code is repealed.

  SEC. 25.  Section 44014 of the Public Resources Code is amended to
read:
   44014.  (a) Upon compliance with Sections 44007, 44008, and 44009,
and after any necessary hearing, the local enforcement agency shall
issue, modify, or revise a solid waste facilities permit if the board
has concurred in that issuance, modification, or revision of the
permit pursuant to Section 44009.
   (b) The permit shall contain all terms and conditions which the
enforcement agency determines to be appropriate for the operation of
the solid waste facility.  The operator shall comply with all terms
and conditions of the permit.
   (c) Within 15 days of issuing, modifying, or revising a solid
waste facilities permit, the enforcement agency shall transmit to the
permittee a copy of the solid waste facilities permit.
  SEC. 26.  Section 44015 of the Public Resources Code is amended to
read:
   44015.  (a) Any solid waste facilities permit issued or revised
under this chapter shall be reviewed and, if necessary, revised at
least once every five years.
   (b) On or before January 1, 1996, the board shall prepare a list
of solid waste facilities whose permits have not been reviewed by the
enforcement agency in the last five years, indicating the designated
enforcement agency having jurisdiction over the solid waste
facility.  The list shall include, but is not limited to, a solid
waste facility that meets any of the following conditions:
   (1) The solid waste facilities permit was issued on or before
January 1, 1989.
   (2) The facility is accepting more solid waste than is authorized
in the current solid waste facilities permit.
   (3) Any relevant information submitted to the board indicates
significant risks to the public health or safety or to the
environment.
   (c) The enforcement agency shall order any solid waste facility on
the list to seek a revision or modification of its solid waste
facilities permit if the solid waste facility is not in compliance
with this division.
  SEC. 27.  Section 44016 of the Public Resources Code is amended to
read:
   44016.  (a) The enforcement agency may, in accordance with Chapter
4 (commencing with Section 44300), suspend or revoke the permit of
any solid waste facility designed to convert solid waste from offsite
sources into energy or synthetic fuels if the facility utilizes
recyclable materials for conversion to energy and if the local agency
in whose jurisdiction the materials are collected requires, by
ordinance, contract, or otherwise, that recyclable materials within
the jurisdiction of that local agency be converted into energy at
that facility.  This subdivision does not otherwise restrict the
ability of a solid waste facility to purchase, collect, transport, or
process recyclable materials.
   (b) As used in this section, "local agency" means any county,
city, or district authorized to collect, dispose, or collect and
dispose of solid waste, or any joint powers authority formed pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
of the Government Code which is authorized to construct and operate
a facility for the conversion of solid waste into energy, synthetic
fuel, or reusable materials.
   (c) As used in this section, "recyclable materials" means
discarded paper, glass, cardboard, plastic, ferrous metal, or
aluminum which has been segregated from other solid waste materials
for the purpose of reuse or recycling, except that recyclable
materials do not include materials which a local agency, having
jurisdiction over the locations where these materials exist,
determines could be potentially harmful to the public health, or
materials which create a public nuisance, as defined in Section 3480
of the Civil Code.
  SEC. 28.  Section 44017 of the Public Resources Code is amended to
read:
   44017.  The enforcement agency shall include, in the permit of any
solid waste facility designed to convert solid waste into energy or
synthetic fuels, a provision which requires the use of operating
procedures at the facility to prevent hazardous waste from entering
the conversion process.
  SEC. 29.  Section 44018 of the Public Resources Code is amended to
read:
   44018.  The board shall establish, by regulation, a program to be
implemented by the board and by local enforcement agencies that
provides for the expedited review of permits issued pursuant to this
article.  The program shall be designed to reduce unnecessary delay
in the issuance of these permits and to protect the public health and
safety and the environment.
  SEC. 30.  Section 44105 of the Public Resources Code is repealed.

  SEC. 31.  Chapter 4 (commencing with Section 44300) of Part 4 of
Division 30 of the Public Resources Code is repealed.
  SEC. 32.  Chapter 4 (commencing with Section 44300) is added to
Part 4 of Division 30 of the Public Resources Code, to read:

      CHAPTER 4.  DENIAL, SUSPENSION, OR REVOCATION OF PERMITS
      Article 1.  Denial of Permits

   44300.  An enforcement agency may, after holding a public hearing
in accordance with the procedures set forth in Section 44310, deny a
solid waste facilities permit in any of the following cases:
   (a) The application is incomplete or otherwise inadequate.
   (b) The applicant has not complied with Division 13 (commencing
with Section 21000).
   (c) The applicant has failed to demonstrate that the facility will
meet minimum regulatory standards.
   (d) The application contains significant false or misleading
information or significant misrepresentations.
   (e) The agency determines the applicant has, during the previous
three years, been convicted of, or been issued a final order for, one
or more violations of this division, or 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 which 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.

      Article 2.  Suspension or Revocation

   44305.  (a) An enforcement agency may,  after holding a public
hearing in accordance with the procedures set forth in Section 44310,
temporarily suspend a solid waste facilities permit if the
enforcement agency determines that changed conditions at the facility
necessitate a permit revision or modification to eliminate a
significant threat to public health and safety or to the environment.

   (b) Notwithstanding subdivision (a), the enforcement agency may
suspend a solid waste facilities permit prior to holding a hearing if
the enforcement agency determines that changed conditions at the
facility necessitate a permit revision or modification to prevent or
mitigate an imminent and substantial threat to the public health and
safety or to the environment.  However, any person aggrieved by an
action by an enforcement agency to suspend a permit pursuant to this
subdivision may appeal the action to a hearing panel established
pursuant to Section 44308 or 44309.  The hearing panel shall, at the
request of the aggrieved party, hear the appeal within three business
days of the date when the permit was suspended, or the first day
thereafter requested by the aggrieved party in compliance with
Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of
the Government Code.  The hearing panel shall render its decision on
the day the hearing concludes.  The panel may affirm, modify, or
rescind the permit suspension.  Any decision of a hearing panel
established pursuant to Section 44308 may be appealed pursuant to
Section 45030.
   (c) The enforcement agency shall lift the permit suspension as
soon as the changed conditions that necessitated the suspension
pursuant to subdivision (b) have been corrected.
   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 which 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.
   44307.  From the date of issuance of a permit that imposes
conditions that are inappropriate, as contended by the applicant, or
after the taking of any enforcement action pursuant to Part 5
(commencing with Section 45000) by the enforcement agency, the
enforcement agency shall hold a hearing, if requested to do so, by
the person subject to the action, in accordance with the requirements
set forth in  Section 44310.  The enforcement agency shall also hold
a hearing upon a petition to the enforcement agency requesting the
enforcement agency to review an alleged failure of the agency to act
as required by law or regulation.
   44308.  (a) All hearings conducted pursuant to this chapter by the
enforcement agency shall be conducted by a hearing panel appointed
pursuant to either of the following procedures:
   (1) The governing body may appoint three of its members as the
hearing panel.
   (2) The chairperson of the governing body may appoint an
independent hearing panel consisting of three members.
   (b) (1) If an independent hearing panel is appointed pursuant to
paragraph (2) of subdivision (a), not more than one member of the
governing body shall serve on the hearing panel.
   (2) Members of the independent hearing panel shall be selected for
their legal, administrative, or technical abilities in areas
relating to solid waste management.
   (3) At least one member of the independent hearing panel shall be
a technical expert with knowledge of solid waste management methods
and technology.
   (4) At least one member of the independent hearing panel shall be
a representative of the public at large.
   (5) A member of an independent hearing panel shall serve for a
term of two years, and may not serve more than two consecutive terms.

   (6) If a member of an independent hearing panel does not complete
the member's term, the chairperson of the governing body shall
appoint a replacement to serve out the remainder of the unexpired
term.
   (c) Members of the hearing panel may receive per diem and
necessary expenses while conducting the hearing.
   44309.  All hearings conducted by the board pursuant to this
chapter, acting as, or on behalf of, the enforcement agency, shall be
conducted by a hearing panel of three board members selected by the
chairperson of the board.
   44310.  All hearings conducted pursuant to this chapter shall be
based on the following procedures:
   (a) (1) The hearing shall be initiated by the filing of a request
for a hearing by the person subject to the action within 15 days from
the date that person is notified, in writing, of the enforcement
agency's intent to act in the manner specified.
   (2) The enforcement agency shall, within 15 days from the date of
receipt of a request for a hearing, provide written notice to the
person filing the request notifying the person of the date, time, and
place of the hearing, and requiring the person to provide the
enforcement agency with a statement of the issues that require a
hearing, at least 20 days prior to the date of the hearing.
   (3) If that person fails to request a hearing or to timely file a
statement of issues, the enforcement agency may take the proposed
action without a hearing or may, at its discretion, proceed with a
hearing before taking the proposed action.
   (b) The hearing shall be held on the merits of the issues
presented, in accordance with the procedures specified in Sections
11507 to 11517, inclusive, of the Government Code.
   (c) Within 30 days from the date of the hearing, the hearing panel
shall issue its decision.  The decision shall become effective as
provided in Section  45017.
  SEC. 33.  Part 5 (commencing with Section 45000) of Division 30 of
the Public Resources Code is repealed.
  SEC. 34.  Part 5 (commencing with Section 45000) is added to
Division 30 of the Public Resources Code, to read:

      PART 5.  ENFORCEMENT
      CHAPTER 1.  ADMINISTRATIVE ENFORCEMENT
      Article 1.  Corrective Action Orders

   45000.  (a) Except as provided in subdivision (b), the enforcement
agency may issue an administrative order requiring the owner or
operator of a solid waste facility to take corrective action as
necessary to abate a nuisance, or to protect human health and safety
or the environment.
   (b) An administrative order shall not be issued for any minor
violation which 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 a enforcement agency or the board expends any funds
pursuant to subdivision (b), the owner or operator of the solid waste
facility 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) Any 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) Any corrective action shall incorporate by reference any
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.

   45001.  Nothing in this division affects the authority of the
state water board or a regional water board to issue enforcement
orders or take corrective actions with regard to solid waste
facilities.

      Article 2.  Cease and Desist Orders

   45005.  Any person who is operating, or proposes to operate, a
solid waste facility, or who is disposing of solid waste in an
unauthorized manner, or who owns a solid waste facility and causes or
permits the operator to operate the facility (1) in violation of a
solid waste facilities permit or in violation of this division, or
any regulation adopted pursuant to this division, or (2) without a
solid waste facilities permit, or (3) in a manner that causes or
threatens to cause a condition of hazard, pollution, or nuisance
shall, upon order of the enforcement agency, cease and desist any
improper action.

      Article 3.  Civil Penalties

   45010.  The Legislature hereby finds and declares as follows:
   (a) It is the intent of the Legislature that administrative civil
penalties should be imposed on the operators of solid waste
facilities in a judicious manner and should only be imposed after all
feasible efforts 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 into
compliance with this division.
   (b) Any funds collected through the imposition of civil penalties
pursuant to this article shall not be deposited in the General Fund
of the local enforcement agency, but instead, shall be deposited in a
segregated account and used exclusively for the purpose of bringing
a solid waste facility into compliance with this division or to
remediate an abandoned solid waste disposal sites.
   (c) Any civil penalties paid to the board pursuant to this article
shall be deposited in the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027.
   45011.  (a) (1) Except as provided in paragraph (2), if an
enforcement agency determines that a solid waste facility is in
violation of this division, any regulations adopted pursuant to this
division applicable to a solid waste facility, or any corrective
action or cease and desist order, 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 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, and not to exceed a total amount of fifteen
thousand dollars ($15,000) in any one calendar year if compliance is
not achieved in accordance with that time schedule.
   (2) (A) Notwithstanding paragraph (1), an enforcement agency shall
not impose a civil penalty pursuant to this section for the first
three minor  violations of the same requirement or standard
established under this division, or any regulations adopted pursuant
to this division applicable to a solid waste facility, identified at
a solid waste facility.
   (B) For purposes of this paragraph, a " minor violation" is a
violation that does not pose any threat to the public health, safety,
or to the environment, and which does not pertain to the actual
design or operation of a solid waste facility but only to a strictly
procedural aspect of the solid waste facilities permit.
   (b) Prior to 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.
   (c) Prior to imposing any administrative civil penalty against an
operator of a solid waste facility, the enforcement agency shall do
all of the following:
   (1) Notify the governing body of its intent to impose a penalty.
Upon receipt of the notification, the governing body may direct the
hearing panel to hold a duly noticed public hearing to provide an
opportunity for the alleged violation or violations and the amount of
any proposed civil penalty to be reviewed by the hearing panel
pursuant to Section 44308.
   (2) Consider the factors described in subdivision (a) of Section
45016.
   (3) Consider alternatives to the imposition of an administrative
civil penalty that would bring the solid waste facility into
compliance and would achieve the same result without imposing the
penalty.
   45012.  (a) The board shall not take any enforcement action
specified in this part without providing notice to the local
enforcement agency and the violator of the board's intent to take
that action, allowing the local enforcement agency and the violator a
reasonable opportunity to correct the violation, and conducting a
public hearing on the matter.  In taking any such enforcement action,
the board is vested, in addition to its other powers, with all of
the powers of a local enforcement agency under this division.
   (b) Notwithstanding subdivision (a), if the board finds that a
local enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health or safety or to the
environment, the board may take the enforcement action, as the board
determines is necessary.
   45013.  The board shall, upon the request of the local enforcement
agency, provide guidance to the enforcement agency regarding the
inspection and investigation of illegal, abandoned, or inactive
closed sites, to ensure that public health and safety and the
environment are protected.
   45014.  (a) Upon the failure of any person to comply with any
final order issued by a local enforcement agency or the board, the
Attorney General, upon request of the board, shall petition the
superior court for the issuance of a preliminary or permanent
injunction, or both, as may be appropriate, restraining the person or
persons from continuing to violate the order or complaint.
   (b) Any attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, any term or condition in any
solid waste facilities permit, or any standard adopted by the board
or the local enforcement agency.
   (c) In addition to the administrative imposition of civil
penalties pursuant to this part, any attorney authorized to act on
behalf of the local enforcement agency or the board may petition the
superior court to impose, assess, and recover civil penalties
authorized by this part.  Any civil penalties recovered pursuant to
this part shall be paid, to the maximum extent allowed by law, to the
board or to the local enforcement agency, whichever is represented
by the attorney who brought the action.
   45015.  Remedies under this part are in addition to, and do not
supersede or limit, any other applicable remedies provided by law.
   45016.  In making a determination regarding the allegations in,
and the amount of any liability that may be imposed pursuant to, an
order, petition, or complaint and determining the appropriate
outcome, and when determining whether to deny, suspend, or revoke a
permit or to deny a permit application, the issuing agency, the
board, or a court, as the case may be, shall take into consideration:

   (a) The nature, circumstances, extent, and gravity of any
violation or any condition giving rise to the violation and the
various remedies and penalties that are appropriate in the given
circumstances, with primary emphasis on protecting the public health
and safety and the environment.
   (b) Whether the violations or conditions giving rise to the
violation have been corrected in a timely fashion or reasonable
progress is being made.
                      (c) Whether the violations or conditions giving
rise to the violation demonstrate a chronic pattern of noncompliance
with this division, the regulations adopted pursuant to this
division, or with the terms and conditions of a solid waste
facilities permit, or pose, or have posed, a serious risk to the
public health and safety or to the environment.
   (d) Whether the violations or conditions giving rise to the
violation were intentional.
   (e) Whether the violations or conditions giving rise to the
violation were voluntarily and promptly reported to appropriate
authorities prior to the commencement of an investigation by the
enforcement agency.
   (f) Whether the violations or conditions giving rise to the
violation were due to circumstances beyond the reasonable control of
the violator or were otherwise unavoidable under the circumstances.
   (g) Whether in the case of violations of this division, or the
regulations adopted pursuant to this division, the violator has
established one or more of the following programs prior to committing
the violation that will help to prevent violations of the type
committed in the future:
   (1) A comprehensive compliance program designed to prevent
violations of this division, the regulations adopted pursuant to this
division, and of the terms and conditions of the solid waste
facilities permit.
   (2) Employee training programs designed to educate the employees
regarding their responsibilities under this division, the regulations
adopted pursuant to this division, and the terms and conditions of
the solid waste facilities permit.
   (3) Regular internal audits to monitor the effectiveness of the
comprehensive compliance programs described in paragraph (1).
   (4) Confidential systems for employee reporting of potential
statutory, regulatory, or solid waste facilities permit violations
and for protecting persons so reporting from retaliatory employment
actions.
   (5) Special incentive programs that promote and reward statutory,
regulatory, and permit compliance.
   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 after
any time period provided for appeal has expired, and a request for a
hearing shall stay the effect of that provision of the order pending
completion of all appeals.
   (2) Notwithstanding any other provision of law, any provision of
an order issued under this part shall take effect upon service on the
affected person if the enforcement agency finds that the actions or
inactions associated with that provision may pose an imminent and
substantial threat to the public health and safety or to the
environment, and a request for a hearing shall not stay the effect of
that provision of the order pending completion of all appeals.
   (3) Notwithstanding any other provision of law, if the enforcement
agency determines that any or all provisions of the order are so
related that the public health and safety or the environment can be
protected only by immediate compliance with the order as a whole,
then the order as a whole shall take effect upon issuance by the
enforcement agency and a request for a hearing shall not stay the
effect of the order as a whole pending completion of all appeals.
   (b) Any person aggrieved by an order by an enforcement agency
which takes effect upon service, based on the finding of an imminent
and substantial threat to public health and safety or to the
environment, may immediately appeal the order to a hearing panel
established pursuant to Section 44307.  The hearing panel shall, at
the request of the person subject to the order, hear the appeal
consistent with the provisions of Sections 11125.5 and 54956.5 of the
Government Code, as applicable.
   45018.  The payment of civil liability assessed in any order
issued under this chapter shall be made within 30 days of the date
the order becomes final.  Any penalties recovered shall be sent to
the board or to the enforcement agency, whichever brought the action,
as provided in subdivision  (c) of Section 45014.
   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, 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 local enforcement agency shall, as appropriate, 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 shall, as appropriate, provide the
statement to the local 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 shall, as appropriate, provide the statement to the local
enforcement agency, the board, the regional water board, and the
Department of Toxic Substances Control.
   (d) The Department of Toxic Substances Control shall, as
appropriate, provide the report of inspection required by paragraph
(1) of subdivision (c) of Section 25185 of the Health and Safety Code
to the local enforcement agency, the board, the regional water
board, and the air pollution control district or air quality
management district.
   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
shall, as appropriate, inspect the solid waste facility 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 shall, to the maximum extent allowed  by law, do
all of the following with respect to enforcement activities at solid
waste facilities:
   (1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
   (2) Notify the facility operator of any violation before imposing
an administrative civil penalty.
   (3) Prior to imposing any administrative penalty, and upon the
request of the operator of the solid waste facility, meet with the
operator to clarify the regulatory requirements and to determine what
actions, if any, the operator could voluntarily take to bring the
facility 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 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.
   45021.  If any board or agency specified in Section 45019 receives
a complaint concerning a solid waste facility 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 which it
determines is authorized to take action.
   45022.  If any agency or board specified in Section 45019 receives
a complaint concerning a solid waste facility which the agency or
board does not refer to another state agency pursuant to Section
45021, or if the agency or board receives such a 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 pursuant to this part, or refer the complaint
to the Attorney General, the district attorney, or city attorney,
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.
   45023.  Any person who (a) owns or operates a solid waste facility
and who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit, (b) operates a solid waste facility without a
solid waste facilities permit, or (c) intentionally or negligently
violates any standard adopted by the board, is subject to a civil
penalty not to exceed ten thousand dollars ($10,000) for each day the
violation or operation occurs.
   45024.  Any attorney authorized to act on behalf of the board or a
local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Any penalties recovered pursuant to this section shall be paid, to
the maximum extent allowed by law, to the board or to the local
enforcement agency, whichever is represented by the attorney
bringing the action.
  SEC. 35.  Part 6 (commencing with Section 45030) is added to
Division 30 of the Public Resources Code, to read:

      PART 6.  APPEALS
      CHAPTER 1.  ENFORCEMENT AGENCY ACTION

   45030.  (a) Any aggrieved person may appeal to the board to review
the written decision of the hearing panel or to review the
petitioner's request in the instance of a failure of a hearing panel
to render a decision or consider the request for review, or a
determination by the governing body not to direct the hearing panel
to hold a public hearing, under the following circumstances:
   (1) Within 30 days from the date of issuance of a written decision
by a hearing panel.
   (2) Within 30 days from the failure of a hearing panel to render a
decision or consider a petitioner's request.
   (3) Within 30 days from the date that the governing body
determines not to direct the hearing panel to hold a public hearing.

   (b) With regard to the review of an administrative civil penalty
imposed by an enforcement agency or a hearing panel, the board shall
not reduce the amount of the civil penalty, but may rescind the order
imposing the civil penalty if the board determines, based on
substantial evidence in the record, that the violation did not occur.

   45031.  Within 30 days from the date that an appeal is filed with
the board, the board may do any of the following:
   (a) Determine not to hear the appeal if the appellant fails to
raise substantial issues.
   (b) Determine not to hear the appeal if the appellant failed to
participate in the administrative hearing before the hearing panel,
except that the board shall hear the appeal if the appellant shows
good cause for the appellant's failure to appear.
   (c) Determine to accept the appeal and to decide the matter on the
basis of the record before the hearing panel, or based on written
arguments submitted by the parties, or both.
   (d) Determine to accept the appeal and hold a hearing, within 60
days, unless all parties stipulate to extending the hearing date.
   45032.  (a) If the board declines to hear the appeal, it shall
notify all parties in writing by appropriate means, and any
enforcement agency action stayed pending appeal shall become
effective 10 days from the date that the board's notification is
made, unless judicial review is sought pursuant to Chapter 2
(commencing with Section 45040).
   (b) If the board accepts the appeal, the evidence before the board
shall consist of the record before the hearing panel, or any actions
or inactions not subject to review by a hearing panel, the record
before the local enforcement agency, and any other relevant evidence
which, in the judgment of the board, should be considered to
effectuate and implement the policies of this division.
   (c) The board may only overturn an enforcement action by a local
enforcement agency if it finds, based on substantial evidence, that
the action was inconsistent with this division.  If the board
overturns the decision of the local enforcement agency or the hearing
panel, or finds that the enforcement agency has failed to act as
required, the board may do both of the following:
   (1) Direct that the appropriate action be taken by the local
enforcement agency.
   (2) If the local enforcement agency fails to act by the date
specified by the board, take the appropriate action itself.
   45033.  A failure to appeal to the hearing panel or the board for
review, or the refusal of the local enforcement agency, a hearing
panel, or the board to hear an appeal does not preclude a person from
filing an action with the superior court to contest any action or
inaction of the local enforcement agency or the board.

      CHAPTER 2.  JUDICIAL REVIEW

   45040.  Within 30 days from the date of service of a copy of a
decision and order issued by a local enforcement agency or the board,
except as provided in subdivision (a) of Section 45032, under
Chapter 1 (commencing with Section 45000), any aggrieved party may
file with the superior court a petition for a writ of mandate for
review thereof.
   45041.  The evidence before the court shall consist of the records
before the hearing panel and the board, if any, including the
enforcement agency's records, and any other relevant evidence which,
in the judgment of the court, should be considered to effectuate and
implement the policies of this division.
   45042.  Except as otherwise provided in this chapter, Section
1094.5 of the Code of Civil Procedure shall govern proceedings
pursuant to this article.
  SEC. 36.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
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.  Notwithstanding Section 17580
of the Government Code, unless otherwise specified in this act, the
provisions of this act shall become operative on the same date that
the act takes effect pursuant to the California Constitution.
  SEC. 37.  This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect.  The facts constituting the necessity are:
   In order to implement the California Integrated Waste Management
Act of 1989 more efficiently and to achieve the goals of the act in a
timely manner, it is necessary that this measure take effect
immediately as an urgency statute.