BILL NUMBER: SB 833	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vargas
   (Coauthor: Assembly Member Hueso)

                        FEBRUARY 18, 2011

   An act to amend Section 44002 of the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, as introduced, Vargas. Solid waste: facilities permit.
   The California Integrated Waste Management Act of 1989 regulates
the management of solid waste. The act authorizes that the California
Integrated Waste Management Board may designate and certify a local
enforcement agency within each county to carry out specified powers
and duties, and requires the board and certified local enforcement
agencies to perform specified functions with regard to the regulation
of solid waste management, including the issuance of solid waste
facilities permits.
   Existing law prohibits the operation of a solid waste facility
without a solid waste facilities permit and authorizes an enforcement
agency to issue a solid waste facilities permit only if it
determines that the permit application is consistent with the
requirements of the act.
   This bill would additionally prohibit an enforcement agency from
issuing a solid waste facilities permit, on or after January 1, 2012,
if that permit would allow the disposal of solid waste within 500
feet of a river that supplies any aquifer that provides drinking
water for more than 50,000 persons, or within 1,000 feet of a site
considered to be sacred and of spiritual importance to a federally
recognized Indian tribe.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 44002 of the Public Resources Code is amended
to read:
   44002.  (a) (1)  No   A  person shall
 not  operate a solid waste facility without a solid waste
facilities permit if that facility is required to have a permit
pursuant to this division.
   (2) The prohibition specified in paragraph (1) includes, but is
not limited to, the operation of a solid waste facility without a
required solid waste facilities permit or the operation of a solid
waste facility outside the permitted boundaries specified in a solid
waste facilities permit.
   (b) If the enforcement agency determines that a person is
operating a solid waste facility in violation of subdivision (a), the
enforcement agency shall immediately issue a cease and desist order
pursuant to Section 45005 ordering the facility to immediately cease
all activities for which a solid waste facilities permit is required
and desist from those activities until the person obtains a valid
solid waste facilities permit authorizing the activities or has
obtained other authorization pursuant to this division. 
   (c) Notwithstanding any other provision of this division, an
enforcement agency shall not issue a solid waste facilities permit,
on or after January 1, 2012, if that permit would allow the disposal
of solid waste within 500 feet of an aquifer that provides a source
of drinking water for more than 50,000 persons, or within 1,000 feet
of a site considered to be sacred and of spiritual importance to a
federally recognized Indian tribe.