BILL NUMBER: AB 228 CHAPTERED
BILL TEXT
CHAPTER 1019
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 1998
APPROVED BY GOVERNOR SEPTEMBER 30, 1998
PASSED THE ASSEMBLY AUGUST 26, 1998
PASSED THE SENATE AUGUST 24, 1998
AMENDED IN SENATE AUGUST 19, 1998
AMENDED IN SENATE JUNE 30, 1998
AMENDED IN SENATE APRIL 2, 1998
AMENDED IN ASSEMBLY JANUARY 22, 1998
AMENDED IN ASSEMBLY JANUARY 16, 1998
AMENDED IN ASSEMBLY JANUARY 5, 1998
AMENDED IN ASSEMBLY MARCH 31, 1997
INTRODUCED BY Assembly Member Migden
FEBRUARY 5, 1997
An act to amend Sections 42825, 42835, 42850, and 42855 of the
Public Resources Code, relating to waste tires.
LEGISLATIVE COUNSEL'S DIGEST
AB 228, Migden. Solid waste: tires.
(1) Existing law, the California Integrated Waste Management Act
of 1989, administered by the California Integrated Waste Management
Board, establishes an integrated waste management program. Existing
law imposes civil and criminal penalties for directing or
transporting waste tires to waste tire facilities that have not been
issued a permit and provides for specified penalties to be deposited
in the California Tire Recycling Management Fund, to be available for
specified purposes.
This bill would also impose criminal penalties for abandoning
waste tires at an unauthorized facility, thereby imposing a
state-mandated local program by creating a new crime.
The bill would permit the board to designate, in writing, a city,
county, or city and county, upon request thereby, to exercise the
enforcement authority granted to the board for violations concerning
waste tire facilities. The bill would, if the action is brought by
an attorney who represents the city, county, or city and county,
permit the penalties collected to be retained by the designated city,
county, or city and county. The bill would make related changes.
(2) This bill would incorporate additional changes in Sections
42825, 42835, and 42850 of the Public Resources Code, proposed by AB
2181, to be operative only if AB 2181 and this bill are both
chaptered and become effective January 1, 1999, and this bill is
chaptered last.
(3) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42825 of the Public Resources Code is amended
to read:
42825. Any person who accepts waste tires at a major waste tire
facility that has not been issued a permit or an authorization to
operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a major waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
SEC. 1.5. Section 42825 of the Public Resources Code is amended to
read:
42825. (a) Any person who accepts waste tires at a major waste
tire facility that has not been issued a permit or an authorization
to operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a major waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
(b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues. In any case where a person
has accepted waste tires at a major waste tire facility, or
knowingly directed or transported waste tires to a major waste tire
facility, that has not been issued a permit, in violation of
subdivision (a), each day that the waste tires remain at the facility
and the person has knowledge thereof is a separate additional
violation, unless the person has filed a report with the board
disclosing the violation and is in compliance with any order
regarding the waste tires issued by the board, a hearing officer, or
a court of competent jurisdiction.
SEC. 2. Section 42835 of the Public Resources Code is amended to
read:
42835. Any person who accepts waste tires at a minor waste tire
facility that has not been issued a permit or an authorization to
operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a minor waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
five hundred dollars ($500) or more than five thousand dollars
($5,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
SEC. 2.5. Section 42835 of the Public Resources Code is amended to
read:
42835. (a) Any person who accepts waste tires at a minor waste
tire facility that has not been issued a permit or an authorization
to operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a minor waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
five hundred dollars ($500) or more than five thousand dollars
($5,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
(b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues. In any case where a person
has accepted waste tires at a major waste tire facility, or
knowingly directed or transported waste tires to a major waste tire
facility, that has not been issued a permit, in violation of
subdivision (a), each day that the waste tires remain at the facility
and the person has knowledge thereof is a separate additional
violation, unless the person has filed a report with the board
disclosing the violation and is in compliance with any order
regarding the waste tires issued by the board, a hearing officer, or
a court of competent jurisdiction.
SEC. 3. Section 42850 of the Public Resources Code is amended to
read:
42850. (a) Any person who intentionally or negligently violates
any provision of this chapter, or any permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter,
is liable for a civil penalty not to exceed ten thousand dollars
($10,000) for each violation of a separate provision or, for
continuing violations, for each day that the violation continues.
(b) Liability under this section may be imposed in a civil action
or liability may be imposed administratively pursuant to this
article.
(c) Upon request of a city, county, or city and county, that city,
county, or city and county may be designated, in writing, by the
board, to exercise the enforcement authority granted to the board
under this chapter. Any city, county, or city and county so
designated shall follow the same procedures set forth for the board
under this article. This designation shall not limit the authority
of the board to take action it deems necessary or proper to ensure
the enforcement of this chapter.
SEC. 3.5. Section 42850 of the Public Resources Code is amended to
read:
42850. (a) Any person who negligently violates any provision of
this chapter, or any permit, rule, regulation, standard, or
requirement issued or adopted pursuant to this chapter, is liable for
a civil penalty of not less than five hundred dollars ($500) or more
than five thousand dollars ($5,000), for each violation of a
separate provision or, for continuing violations, for each day that
the violation continues.
(b) Liability under this section may be imposed in a civil action
or liability may be imposed administratively pursuant to this
article.
(c) Upon request of a city, county, or city and county, that city,
county, or city and county may be designated, in writing, by the
board, to exercise the enforcement authority granted to the board
under this chapter. Any city, county, or city and county so
designated shall follow the same procedures set forth for the board
under this article. This designation shall not limit the authority
of the board to take action it deems necessary or proper to ensure to
enforcement of this chapter.
SEC. 4. Section 42855 of the Public Resources Code is amended to
read:
42855. All penalties collected under Section 42850 shall be
deposited in the California Tire Recycling Management Fund created
pursuant to Section 42885 if the attorney who brought the action
represented the board, or shall be retained by a city, county, or
city and county designated pursuant to subdivision (c) of Section
42850, if the attorney who brought the action represents the city,
county, or city and county. The moneys retained by the city, county,
or city and county shall be expended on enforcement and cleanup
required under this chapter, including, but not limited to, the
prosecution of enforcement actions.
SEC. 5. Section 1.5 of this bill incorporates amendments to
Section 42825 of the Public Resources Code proposed by both this bill
and AB 2181. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 42825 of the Public Resources Code, and (3) this
bill is enacted after AB 2181, in which case Section 1 of this bill
shall not become operative.
SEC. 6. Section 2.5 of this bill incorporates amendments to
Section 42835 of the Public Resources Code proposed by both this bill
and AB 2181. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 42835 of the Public Resources Code, and (3) this
bill is enacted after AB 2181, in which case Section 2 of this bill
shall not become operative.
SEC. 7. Section 3.5 of this bill incorporates amendments to
Section 42850 of the Public Resources Code proposed by both this bill
and AB 2181. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, (2) each
bill amends Section 42850 of the Public Resources Code, and (3) this
bill is enacted after AB 2181, in which case Section 3 of this bill
shall not become operative.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.