SECTIONS 43020-43035 - California Statutes

PUBLIC RESOURCES CODE

SECTION 43020-43035

43020. The board shall adopt and revise regulations which set forth
minimum standards for solid waste handling, transfer, composting,
transformation, and disposal, in accordance with this division, and
Section 117590 of, and Chapter 6.5 (commencing with Section 25100) of
Division 20 of, the Health and Safety Code. The board shall not
include any requirements that are already under the authority of the
State Air Resources Board for the prevention of air pollution or of
the state water board for the prevention of water pollution.

43020.1. (a) As part of the existing regulatory review process for
regulations adopted pursuant to this article, the board may consider
whether the operational requirements that apply to nonhazardous wood
waste landfills should differ from the operational requirements that
apply to other categories of solid waste landfills, such as those
used for the disposal of municipal solid waste. If the board
determines that the operational requirements that apply to
nonhazardous wood waste landfills should differ from the operational
requirements that apply to other categories of solid waste landfills,
such as those used for the disposal of municipal solid waste, the
board shall revise its regulations accordingly.
(b) For the purposes of this section, "nonhazardous wood waste
landfill" means a landfill that exclusively accepts untreated bark,
sawdust, shavings, and chips that are the byproducts of primary wood
product manufacturing and processes that are not used as raw material
and that are destined for disposal. "Nonhazardous wood waste
landfill" does not include any landfill that accepts chemically
treated or adulterated bark, sawdust, shavings, and chips that are
the byproducts of primary wood product manufacturing and processes
that are not used as raw material and that are destined for disposal.
(c) Nothing in this section is intended to authorize the board to
adopt regulations which are less stringent than those adopted by the
Environmental Protection Agency pursuant to Part 256 (commencing with
Section 256.01) of Title 40 of the Code of Federal Regulations.

43021. Regulations shall include standards for the design,
operation, maintenance, and ultimate reuse of solid waste facilities,
but shall not include aspects of solid waste handling or disposal
which are solely of local concern or which are within the
jurisdiction of the State Air Resources Board, air pollution control
districts and air quality management districts, or the state water
board or regional water boards.

43022. (a) The open burning of solid waste, except for the
infrequent burning of agricultural wastes, silvicultural wastes,
landclearing debris, diseased trees, or debris from emergency cleanup
operations, is prohibited at any solid waste facility.
(b) The owners and operators of solid waste facilities shall
comply with subdivision (a) on and after the effective date of the
federal regulations set forth in Subpart C (commencing with Section
258.20) of Part 258 of Title 40 of the Code of Federal Regulations.

43030. (a) The board shall adopt regulations that are consistent
with Section 40055 governing the monitoring and control of the
subsurface migration of landfill gas.
(b) The board shall consult with the state water board, the State
Air Resources Board, and the California Air Pollution Control
Officers Association to ensure that the regulations do not conflict
with any regulations adopted by the state water board and the State
Air Resources Board or air pollution control districts and air
quality management districts.
(c) The regulations adopted by the board pursuant to subdivision
(a) shall establish monitoring and control standards, based on the
potential of the waste to generate landfill gas, as determined by the
board, and shall require owners and operators of disposal sites or
disposal facilities to report monitoring data and to perform, or
cause to be performed, site inventories and evaluations of disposal
sites or disposal facilities for the subsurface migration of landfill
gas.
(d) If an owner or operator of a disposal site or disposal
facility is in compliance with requirements of the air pollution
control district or the air quality management district within whose
jurisdiction the disposal site or disposal facility is located, the
owner or operator shall be deemed to be in compliance with this
section and with any regulations adopted by the board pursuant to
this section. However, owners or operators of disposal sites and
disposal facilities shall be required to comply with regulations
adopted by the board pursuant to this section, which impose
requirements not addressed by the requirements of the air pollution
control district or the air quality management district within whose
jurisdiction the disposal site or disposal facility is located.

43035. (a) The board, in cooperation with the California Emergency
Management Agency, shall develop an integrated waste management
disaster plan to provide for the handling, storage, processing,
transportation, and diversion from disposal sites, or provide for
disposal at a disposal site where absolutely necessary, of solid
waste, resulting from a state of emergency or a local emergency, as
defined, respectively, in subdivisions (b) and (c) of Section 8558 of
the Government Code.
(b) The board may adopt regulations, including emergency
regulations, necessary to carry out the integrated waste management
disaster plan.