SECTIONS 40050-40063 - California Statutes

PUBLIC RESOURCES CODE

SECTION 40050-40063

40050. This division shall be known and may be cited as the
California Integrated Waste Management Act of 1989.

40051. In implementing this division, the board and local agencies
shall do both of the following:
(a) Promote the following waste management practices in order of
priority:
(1) Source reduction.
(2) Recycling and composting.
(3) Environmentally safe transformation and environmentally safe
land disposal, at the discretion of the city or county.
(b) Maximize the use of all feasible source reduction, recycling,
and composting options in order to reduce the amount of solid waste
that must be disposed of by transformation and land disposal. For
wastes that cannot feasibly be reduced at their source, recycled, or
composted, the local agency may use environmentally safe
transformation or environmentally safe land disposal, or both of
those practices.

40052. The purpose of this division is to reduce, recycle, and
reuse solid waste generated in the state to the maximum extent
feasible in an efficient and cost-effective manner to conserve water,
energy and other natural resources, to protect the environment, to
improve regulation of existing solid waste landfills, to ensure that
new solid waste landfills are environmentally sound, to improve
permitting procedures for solid waste management facilities, and to
specify the responsibilities of local governments to develop and
implement integrated waste management programs.

40053. This division, or any rules or regulations adopted pursuant
thereto, is not a limitation on the power of a city, county, or
district to impose and enforce reasonable land use conditions or
restrictions on solid waste management facilities in order to prevent
or mitigate potential nuisances, if the conditions or restrictions
do not conflict with or impose lesser requirements than the policies,
standards, and requirements of this division and all regulations
adopted pursuant to this division.

40054. This division, or any rules or regulations adopted pursuant
thereto, is not a limitation on the power of the Attorney General, on
the request of the board, the state water board, a regional water
board, or upon his or her own motion, to bring an action in the name
of the people of the State of California to enjoin any health hazard,
pollution, or nuisance.

40055. (a) This division, or any rules or regulations adopted
pursuant thereto, is not a limitation on the power of any state
agency in the enforcement or administration of any provision of law
which it is specifically authorized or required to enforce or
administer, including, but not limited to, the exercise by the state
water board or the regional water boards of any of their powers and
duties pursuant to Division 7 (commencing with Section 13000) of the
Water Code, the exercise by the Department of Toxic Substances
Control of any of its powers and duties pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code, and the exercise by the State Air Resources Board or any
air pollution control district or air quality management district of
any of its powers and duties pursuant to Division 26 (commencing
with Section 39000) of the Health and Safety Code.
(b) The exercise of authority under this division, including, but
not limited to, the adoption of regulations, plans, permits, or
standards or the taking of any enforcement actions shall not
duplicate or be in conflict with any determination relating to water
quality control made by the state water board or regional water
boards, including requirements in regulations adopted by or under the
authority of the state water board.
(c) Any plans, permits, standards, or corrective action taken
under this division shall be consistent with all applicable water
quality control plans adopted pursuant to Section 13170, and Article
3 (commencing with Section 13240) of Chapter 4 of Division 7, of the
Water Code and the 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 action or
proposed action.

40056. This division, or any rules or regulations adopted pursuant
thereto, is not a limitation on the right of any person to commence
and maintain at any time any appropriate action for relief against a
nuisance as defined in the Civil Code.

40057. Each county, city, district, or other local governmental
agency which provides solid waste handling services shall provide for
those services, including, but not limited to, source reduction,
recycling, composting activities, and the collection, transfer, and
disposal of solid waste within or without the territory subject to
its solid waste handling jurisdiction.

40058. The solid waste handling services shall be provided for by
one or any combination of the following:
(a) The furnishing of the services by the local agency itself.
(b) The furnishing of the services by another local agency.
(c) The furnishing of the services by a solid waste enterprise.

40059. (a) Notwithstanding any other provision of law, each county,
city, district, or other local governmental agency may determine all
of the following:
(1) Aspects of solid waste handling which are of local concern,
including, but not limited to, frequency of collection, means of
collection and transportation, level of services, charges and fees,
and nature, location, and extent of providing solid waste handling
services.
(2) Whether the services are to be provided by means of
nonexclusive franchise, contract, license, permit, or otherwise,
either with or without competitive bidding, or if, in the opinion of
its governing body, the public health, safety, and well-being so
require, by partially exclusive or wholly exclusive franchise,
contract, license, permit, or otherwise, either with or without
competitive bidding. The authority to provide solid waste handling
services may be granted under terms and conditions prescribed by the
governing body of the local governmental agency by resolution or
ordinance.
(b) Nothing in this division modifies or abrogates in any manner
either of the following:
(1) Any franchise previously granted or extended by any county or
other local governmental agency.
(2) Any contract, license, or any permit to collect solid waste
previously granted or extended by a city, county, or a city and
county.

40059.1. (a) The Legislature hereby finds and declares both of the
following:
(1) In 1989, the Legislature enacted this division as the
California Integrated Waste Management Act of 1989. One of the key
provisions of this division is that each local agency has the
responsibility for diverting 50 percent of all solid waste generated
within the local agency by January 1, 2000.
(2) The public policy objective of the Legislature in enacting
this section is to ensure that those local agencies that require an
indemnity obligation retain their responsibility for implementing the
diversion requirements of this division.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Indemnity obligation" means any indemnity obligation directly
or indirectly related to the failure of a local agency to meet the
solid waste diversion requirements imposed by Chapter 6 (commencing
with Section 41780) of Part 2, that is expressly assumed by, or
imposed upon, the solid waste enterprise, whether pursuant to
ordinance, contract, franchise, license, permit, or other entitlement
or right, for the benefit of the local agency.
(2) "Local agency" means any county, city, city and county,
district, regional agency as defined in Section 40181, or other local
government agency.
(c) Any provision, term, condition, or requirement contained in
any ordinance, contract, franchise, license, permit, or other
entitlement or right adopted, entered into, issued, or granted, as
the case may be, by a local agency for solid waste collection and
handling, including the recycling, processing, or composting of solid
waste, or in any request for bids or proposals in connection with
any such contract or franchise, that authorizes or requires the
imposition of an indemnity obligation, shall, notwithstanding any
such provision, term, condition, or requirement, be subject to all of
the following restrictions:
(1) An indemnity obligation shall not be enforceable if the board
imposed penalty is based solely upon the failure of the local agency
to establish and maintain a source reduction and recycling element
pursuant to Chapter 2 (commencing with Section 41000) of Part 2,
Chapter 3 (commencing with Section 41300) of Part 2, or Section
41750.1, as the case may be.
(2) Any board imposed penalty based upon a local agency's failure
to meet the solid waste diversion requirements imposed by Chapter 6
(commencing with Section 41780) of Part 2, resulting in whole or in
part from the solid waste enterprise's breach of contract or
noncompliance with any other authorization, shall be apportioned in
accordance with the percentage of fault of the local agency and the
solid waste enterprise.
(3) For purposes of this section, a solid waste enterprise is not
liable for the indemnity obligation to the extent that the solid
waste enterprise's breach or noncompliance resulted from the action
or failure to act of the local agency.
(4) No payment required or imposed pursuant to an indemnity
obligation, whether required or imposed by ordinance, contract,
franchise, license, permit, or other entitlement or right, may exceed
that portion of any penalty assessed by the board against the local
agency that was caused by the solid waste enterprise's breach or
noncompliance of an express obligation or requirement.
(5) No indemnity obligation shall be enforceable against a solid
waste enterprise until the local agency has affirmatively sought, in
good faith, all administrative relief available pursuant to Chapter 6
(commencing with Section 41780) and Chapter 7 (commencing with
Section 41800) of Part 2, unless the local agency demonstrates good
cause, based on substantial evidence in the record, for not pursuing
that administrative relief. The solid waste enterprise shall
cooperate, in good faith, with the local agency seeking that
administrative relief and shall provide in writing to the local
agency all known defenses to the imposition of penalties.
(d) Nothing in this section shall be construed to preclude either
party from seeking any other remedy under law or equity.
(e) The provisions of this section are not subject to waiver, and
any attempted waiver shall be null and void as against public policy.
(f) This section is not intended to do any of the following:
(1) Add to or expand the authority of local agencies to determine
aspects of solid waste collection and handling pursuant to Section
40059.
(2) Alter the authority of business entities to collect or process
materials that are not solid waste.
(3) Affect any contract right existing on the effective date of
this section.

40060. (a) Notwithstanding any other provision of law, a regional
water board shall not issue a waste discharge permit for a new
landfill, or a lateral expansion of an existing landfill, which is
used for the disposal of nonhazardous solid waste if the land has
been primarily used at any time for the mining or excavation of
gravel or sand.
(b) A regional water board, in a public meeting, may grant a
variance from subdivision (a) if the applicant demonstrates and the
regional water quality control board determines that the discharges
to a new facility or expansion of an existing facility during its
operation and postclosure period will not pollute or threaten to
pollute the waters of the state. In deciding whether to grant a
variance, the regional water board shall consider, among other
factors, site characteristics, including permeability and
transmissivity of the underlying soils and depth to groundwater. For
the purpose of this section, "groundwater" means the uppermost
aquifer usable for beneficial purposes.
(c) Nothing in this section precludes any local jurisdiction from
exercising any power which it has pursuant to any other provision of
law.
(d) The following definitions govern the construction of this
section:
(1) "Landfill used for the disposal of nonhazardous solid waste"
means a disposal site regulated by a regional water board as a Class
III landfill pursuant to Sections 2533 and 2541 of Title 23 of the
California Code of Regulations.
(2) "Lateral expansion" means a new or expanded waste management
unit which is not authorized on January 1, 1989, under existing waste
discharge requirements issued pursuant to Division 7 (commencing
with Section 13000) of the Water Code and an existing solid waste
facility permit issued pursuant to this title. For purposes of
subdivision (f), "lateral expansion" does not include a new or
expanded waste management unit for which waste discharge requirements
were issued by a regional water board before January 1, 1989, but
were subject to review after that date pursuant to Section 13320 of
the Water Code.
(e) The regional water board may hold a single hearing for
purposes of granting a variance pursuant to subdivision (b) and
establishing waste discharge requirements.
(f) Notwithstanding subdivision (b), a regional water board shall
not grant a variance from subdivision (a) if the variance is for a
new landfill, or a lateral expansion of an existing landfill, located
within the boundaries of the Main San Gabriel Groundwater Basin. For
purposes of this subdivision, the boundaries of the Main San Gabriel
Groundwater Basin are the boundaries described in Exhibit A of the
judgment in Upper San Gabriel Valley Municipal Water District v. City
of Alhambra, et al., Case Number 924128 of the Superior Court for
the County of Los Angeles.

40061. (a) Notwithstanding Section 40059, every local agency which
does not directly charge residential households a fee for the
collection, transportation, and disposal of solid waste and every
local agency which directly charges residential customers a fee which
represents less than 90 percent of the average cost of collecting,
transporting, and disposing of residential solid waste shall, at
least once every three months, arrange to inform all residential
households of all of the following:
(1) The average monthly volume of solid waste produced by each
residential household.
(2) The total estimated monthly cost to the local agency to
collect, transport, and dispose of all solid waste produced by
residential households.
(3) The average monthly cost to the local agency to collect,
transport, and dispose of solid waste produced by each residential
household.
(b) For the purposes of this section, "residential household"
means those single and multifamily residential units which are not
charged a periodic fee for the collection, transportation, and
disposal of solid waste or which are assessed a periodic fee which
represents less than 90 percent of the local agency's total cost of
providing these services.
(c) The notification provided under subdivision (a) may, not more
than twice in any calendar year, be made by publication in a
newspaper of general circulation in the county in which the local
agency is located.
(d) Unless notification is made by publication, when possible, the
notification provided under subdivision (a) shall be distributed by
each local agency to residential households in a manner that results
in no distribution costs to the local agency in excess of
distribution costs otherwise incurred for other purposes.

40062. (a) Upon the request of any person furnishing any report,
notice, application, plan, or other document required by this
division, including any research or survey information requested by
the board for the purpose of implementing its programs, neither the
board nor an enforcement agency, in accordance with subdivisions (c)
and (d), shall make available for inspection by the public any
portion of the report, notice, application, plan, or other document
that contains a trade secret, as defined in subdivision (d) of
Section 3426.1 of the Civil Code, that has been identified pursuant
to subdivision (b).
(b) Any person furnishing information, as described in subdivision
(a), to the board or an enforcement agency pursuant to this division
shall, at the time of submission, identify all information which the
person believes is a trade secret. Any information not identified by
the person as a trade secret shall be made available to the public,
unless exempted from disclosure by another provision of law.
(c) (1) With regard to information that has been identified as a
trade secret pursuant to subdivision (b), the board, upon its own
initiative, or upon receipt of a request for public information
pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code, shall determine whether any or all
of the information has been properly identified as a trade secret.
If the board determines that the information is not a trade secret,
the board shall notify the person who furnished the information by
certified mail.
(2) The person who furnished the information shall have 30 days
from the date of receipt of the notice required by paragraph (1) to
provide the board with a complete justification and statement of the
grounds on which the trade secret privilege is claimed. The
justification and statement shall be submitted to the board by
certified mail.
(3) The board shall determine whether the information is protected
as a trade secret within 15 days from the date of receipt of the
justification and statement or, if no justification and statement is
filed, within 45 days from the date of the notice required by
paragraph (1). The board shall notify the person who furnished the
information and any party who has requested the information pursuant
to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1 of the Government Code of that determination by certified mail. If
the board has determined that the information is not protected as a
trade secret, this final notice shall also specify a date, not sooner
than 15 days from the date of the date of mailing of the final
notice, when the information shall be available to the public.
(d) Except as provided in subdivision (c), the board or an
enforcement agency may release information submitted and designated
as a trade secret only to the following public agencies under the
following conditions:
(1) To other public agencies in connection with the
responsibilities of the board or an enforcement agency under this
division or for use in making reports.
(2) To the state or any state agency in judicial review for
enforcement proceedings involving the person furnishing the
information.
(e) For the purpose of implementing this section, the disclosure
of information shall be consistent with Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code.

40063. At the request of a county with a population of less than
250,000, the board and the state water board may meet with the county
to prioritize, through development and joint adoption of a five-year
plan, state environmental concerns with regard to solid waste
management in relation to the fiscal and staffing constraints on the
county.