SECTIONS 41850-41851 - California Statutes

PUBLIC RESOURCES CODE

SECTION 41850-41851

41850. (a) Except as specifically provided in Section 41813, if,
after holding the public hearing and issuing an order of compliance
pursuant to Section 41825, the board finds that the jurisdiction has
failed to make a good faith effort to implement its source reduction
and recycling element or its household hazardous waste element, the
board may impose administrative civil penalties upon the city or
county or, pursuant to Section 40974, upon the city or county as a
member of a regional agency, of up to ten thousand dollars ($10,000)
per day until the jurisdiction implements the element.
(b) In determining whether or not to impose any penalties, or in
determining the amount of any penalties imposed under this section,
including any penalties imposed due to the exclusion of solid waste
pursuant to Section 41781.2 that results in a reduction in the
quantity of solid waste diverted by a jurisdiction, the board shall
consider whether the jurisdiction has made a good faith effort to
implement its source reduction and recycling element or its household
hazardous waste element. In addition, the board shall consider only
those relevant circumstances that have prevented a jurisdiction from
meeting the requirements of this division, including, but not limited
to, the factors described in subdivisions (d) and (e) of Section
41825.

41850.5. Any administrative civil penalty imposed by the board
pursuant to Section 41813 or 48150 shall be deposited in the Local
Government Assistance Account, which is hereby created in the
Integrated Waste Management Fund. Any funds deposited in that account
shall be used solely for the purposes of assisting local governments
in complying with the diversion requirements established under
Section 41780, and shall not be used by the board for administrative
purposes.

41851. Nothing in this chapter shall infringe on the existing
authority of counties and cities to control land use or to make land
use decisions, and nothing in this chapter provides or transfers new
authority over that land use to the board.