SECTIONS 44000.5-44018 - California Statutes

PUBLIC RESOURCES CODE

SECTION 44000.5-44018

44000.5. (a) With respect only to solid waste disposed of in this
state, a person shall not dispose of solid waste, cause solid waste
to be disposed of, arrange for the disposal of solid waste, transport
solid waste for purposes of disposal, or accept solid waste for
disposal, except at a solid waste disposal facility for which a solid
waste facilities permit has been issued pursuant to this chapter or
as otherwise authorized pursuant to this division and the regulations
adopted by the board pursuant to this division.
(b) A violation of this section is an unlawful act.

44001. Any person who proposes to become an operator of a solid
waste facility shall file with the enforcement agency having
jurisdiction over the facility, or the board if there is no
designated and certified enforcement agency, an application for a
solid waste facilities permit at least 150 days in advance of the
date on which it is desired to commence operation, unless the
enforcement agency issues a permit to the applicant to commence
operations prior to that time.

44002. (a) (1) No person shall 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.

44003. When the operator of the disposal site is not the disposal
site owner, the disposal site operator's application for a solid
waste facilities permit shall contain any information that the
enforcement agency or the board may require regarding the disposal
site owner's interest in the real property utilized as the disposal
site.

44004. (a) An operator of a solid waste facility may not make a
significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit, unless the
change is approved by the enforcement agency, the change conforms
with this division and all regulations adopted pursuant to this
division, and the terms and conditions of the solid waste facilities
permit are revised to reflect the change.
(b) If the operator wishes to change the design or operation of
the solid waste facility in a manner that is not authorized by the
existing permit, the operator shall file an application for revision
of the existing solid waste facilities permit with the enforcement
agency. The application shall be filed at least 180 days in advance
of the date when the proposed modification is to take place unless
the 180-day time period is waived by the enforcement agency.
(c) The enforcement agency shall review the application to
determine all of the following:
(1) Whether the change conforms with this division and all
regulations adopted pursuant to this division.
(2) Whether the change requires review pursuant to Division 13
(commencing with Section 21000).
(d) Within 60 days from the date of the receipt of the application
for a revised permit, the enforcement agency shall inform the
operator, and if the enforcement agency is a local enforcement
agency, also inform the board, of its determination to do any of the
following:
(1) Allow the change without a revision to the permit.
(2) Disallow the change because it does not conform with the
requirements of this division or the regulations adopted pursuant to
this division.
(3) Require a revision of the solid waste facilities permit to
allow the change.
(4) Require review under Division 13 (commencing with Section
21000) before a decision is made.
(e) The operator has 30 days within which to appeal the decision
of the enforcement agency to the hearing panel, as authorized
pursuant to Article 2 (commencing with Section 44305) of Chapter 4.
The enforcement agency shall provide notice of a hearing held
pursuant to this subdivision in the same manner as notice is provided
pursuant to subdivision (h).
(f) Under circumstances that present an immediate danger to the
public health and safety or to the environment, as determined by the
enforcement agency, the 180-day filing period may be waived.
(g) (1) A permit revision is not required for the temporary
suspension of activities at a solid waste facility if the suspension
meets either of the following criteria:
(A) The suspension is for the maintenance or minor modifications
to a solid waste unit or to solid waste management equipment.
(B) The suspension is for temporarily ceasing the receipt of solid
waste at a solid waste management facility and the owner or operator
is in compliance with all other applicable terms and conditions of
the solid waste facilities permit and minimum standards adopted by
the board.
(2) An owner or operator of a solid waste facility who temporarily
suspends operations shall remain subject to the closure and
postclosure maintenance requirements of this division and to all
other requirements imposed by federal law pertaining to the operation
of a solid waste facility.
(3) The enforcement agency may impose any reasonable conditions
relating to the maintenance of the solid waste facility,
environmental monitoring, and periodic reporting during the period of
temporary suspension. The board may also impose any reasonable
conditions determined to be necessary to ensure compliance with
applicable state standards.
(h) (1) (A) Before making its determination pursuant to
subdivision (d), the enforcement agency shall submit the proposed
determination to the board for comment and hold at least one public
hearing on the proposed determination. The enforcement agency shall
give notice of the hearing pursuant to Section 65091 of the
Government Code, except that the notice shall be provided to all
owners of real property within a distance other than 300 feet of the
real property that is the subject of the hearing, if specified in the
regulations adopted by the board pursuant to subdivision (i). The
enforcement agency shall also provide notice of the hearing to the
board when it submits the proposed determination to the board.
(B) The enforcement agency shall mail or deliver the notice
required pursuant to subparagraph (A) at least 10 days prior to the
date of the hearing to any person who has filed a written request for
the notice with a person designated by the enforcement agency to
receive these requests. The enforcement agency may charge a fee to
the requester in an amount that is reasonably related to the costs of
providing this service and the enforcement agency may require each
request to be annually renewed.
(C) The enforcement agency shall consider environmental justice
issues when preparing and distributing the notice to ensure that the
notice is concise and understandable for limited-English-speaking
populations.
(2) If the board comments pursuant to paragraph (1), the board
shall specify whether the proposed determination is consistent with
the regulation adopted pursuant to subdivision (i).
(i) (1) The board shall, to the extent resources are available,
adopt regulations that implement subdivision (h) and define the term
"significant change in the design or operation of the solid waste
facility that is not authorized by the existing permit."
(2) While formulating and adopting the regulations required
pursuant to paragraph (1), the board shall consider recommendations
of the Working Group on Environmental Justice and the advisory group
made pursuant to Sections 71113 and 71114 and the report required
pursuant to Section 71115.

44005. (a) Any owner or operator of a solid waste facility who
plans to encumber, sell, transfer, or convey the ownership or
operations of a solid waste facility or disposal site to a new owner
or operator, shall notify the enforcement agency and the board, 45
days prior to the date of the anticipated transfer. The notification
shall be in writing and shall include information as determined by
the board, including any financial assurances, if applicable.
(b) The enforcement agency and the board shall review the
notification documentation and any available records of enforcement
actions taken against the proposed transferee, and shall determine,
within 30 days of receipt, whether the facility will be operated in
compliance with the terms and conditions of an approved permit and
any other applicable requirements, including, but not limited to, the
requirements of Division 13 (commencing with Section 21000). If the
solid waste facility will not be operated in compliance with the
terms and conditions of an approved permit, or any other applicable
requirements of Division 13 (commencing with Section 21000), the new
owner or operator shall be required to file an application for a
revised or modified solid waste facilities permit.
(c) If the enforcement agency or the board determines that the
facility will be operated in compliance with the terms and conditions
of the existing permit, the enforcement agency may change the name
of the owner or operator on the permit.

44006. (a) Each report or application filed under this article
shall be submitted under oath or under penalty of perjury.
(b) Each report, notice, or application filed under this article
shall be submitted on a form approved by the board.
(c) Each application required to be filed under this article shall
be accompanied by a filing fee according to a fee schedule
established by the enforcement agency to reflect the cost of
processing the application and to recover costs incurred in meeting
the requirements of Article 3 (commencing with Section 43500) and
Article 4 (commencing with Section 43600) of Chapter 2. This fee is
in addition to the fees authorized by Chapter 8 (commencing with
Section 41900) of Part 2.

44007. The enforcement agency shall not issue or revise a solid
waste facilities permit unless it has, at least 65 days in advance,
provided the board and the applicant with a copy of the proposed
permit, which shall contain the terms and conditions the enforcement
agency proposes to establish.

44008. (a) A decision to issue or not issue the permit shall be
made by the enforcement agency within 120 days from the date that the
application is deemed complete pursuant to Chapter 4.5 (commencing
with Section 65920) of Division 1 of Title 7 of the Government Code,
unless waived by the applicant.
(b) The enforcement agency may only issue the permit pursuant to
subdivision (a) if it finds that the proposed solid waste facilities
permit is consistent with this division and any regulations adopted
by the board pursuant to this division applicable to solid waste
facilities.

44009. (a) (1) The board shall, in writing, concur or object to the
issuance, modification, or revision of any solid waste facilities
permit within 60 days from the date of the board's receipt of any
proposed solid waste facilities permit submitted under Section 44007
after consideration of the issues in this section.
(2) If the board determines that the permit is not consistent with
the state minimum standards adopted pursuant to Section 43020, or is
not consistent with Sections 43040, 43600, 44007, 44010, 44017,
44150, and 44152 or Division 31 (commencing with Section 50000), the
board shall object to provisions of the permit and shall submit those
objections to the local enforcement agency for its consideration.
(3) If the board fails to concur or object in writing within the
60-day period specified in paragraph (1), the board shall be deemed
to have concurred in the issuance of the permit as submitted to it.
(b) Notwithstanding subdivision (a), the board is not required to
concur in, or object to, and shall not be deemed to have concurred
in, the issuance of a solid waste facilities permit for a disposal
facility if the owner or operator is not in compliance with, as
determined by the regional water board, an enforcement order issued
pursuant to Chapter 5 (commencing with Section 13300) of Division 7
of the Water Code, or if all of the following conditions exist:
(1) Waste discharge requirements for the disposal facility issued
by the applicable regional water board are pending review in a
petition before the state water board.
(2) The petition for review of the waste discharge requirements
includes a request for a stay of the waste discharge requirements.
(3) The state water board has not taken action on the stay request
portion of the pending petition for review of waste discharge
requirements.
(c) In objecting to the issuance, modification, or revision of any
solid waste facilities permit pursuant to this section, the board
shall, based on substantial evidence in the record as to the matter
before the board, state its reasons for objecting. The board shall
not object to the issuance, modification, or revision of any solid
waste facilities permit unless the board finds that the permit is not
consistent with the state minimum standards adopted pursuant to
Section 43020, or is not consistent with Section 43040, 43600, 44007,
44010, 44017, 44150, or 44152 or Division 31 (commencing with
Section 50000).
(d) Nothing in this section is intended to require that a solid
waste facility obtain a waste discharge permit from a regional water
board prior to obtaining a solid waste facilities permit.

44010. The enforcement agency shall issue the permit only if it
finds that the proposed solid waste facilities permit is consistent
with the standards adopted by the board.

44012. When issuing or revising any solid waste facilities permit,
the enforcement agency shall ensure that primary consideration is
given to protecting public health and safety and preventing
environmental damage, and that the long-term protection of the
environment is the guiding criterion, and that any terms and
conditions of the solid waste facilities permit are consistent with
subdivision (e) of Section 43209 and this division.

44014. (a) Upon compliance with Sections 44007, 44008, and 44009,
and after any necessary hearing, the local enforcement agency shall
issue, modify, or revise a solid waste facilities permit if the board
has concurred in that issuance, modification, or revision of the
permit pursuant to Section 44009.
(b) The permit shall contain all terms and conditions which the
enforcement agency determines to be appropriate for the operation of
the solid waste facility. The operator shall comply with all terms
and conditions of the permit.
(c) Within 15 days of issuing, modifying, or revising a solid
waste facilities permit, the enforcement agency shall transmit to the
permittee a copy of the solid waste facilities permit.

44015. A solid waste facilities permit issued or revised under this
chapter shall be reviewed and, if necessary, revised at least once
every five years.

44016. (a) The enforcement agency may, in accordance with Chapter 4
(commencing with Section 44300), suspend or revoke the permit of any
solid waste facility designed to convert solid waste from offsite
sources into energy or synthetic fuels if the facility utilizes
recyclable materials for conversion to energy and if the local agency
in whose jurisdiction the materials are collected requires, by
ordinance, contract, or otherwise, that recyclable materials within
the jurisdiction of that local agency be converted into energy at
that facility. This subdivision does not otherwise restrict the
ability of a solid waste facility to purchase, collect, transport, or
process recyclable materials.
(b) As used in this section, "local agency" means any county,
city, or district authorized to collect, dispose, or collect and
dispose of solid waste, or any joint powers authority formed pursuant
to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1
of the Government Code which is authorized to construct and operate
a facility for the conversion of solid waste into energy, synthetic
fuel, or reusable materials.
(c) As used in this section, "recyclable materials" means
discarded paper, glass, cardboard, plastic, ferrous metal, or
aluminum which has been segregated from other solid waste materials
for the purpose of reuse or recycling, except that recyclable
materials do not include materials which a local agency, having
jurisdiction over the locations where these materials exist,
determines could be potentially harmful to the public health, or
materials which create a public nuisance, as defined in Section 3480
of the Civil Code.

44017. The enforcement agency shall include, in the permit of any
solid waste facility designed to convert solid waste into energy or
synthetic fuels, a provision which requires the use of operating
procedures at the facility to prevent hazardous waste from entering
the conversion process.

44018. The board shall establish, by regulation, a program to be
implemented by the board and by local enforcement agencies that
provides for the expedited review of permits issued pursuant to this
article. The program shall be designed to reduce unnecessary delay in
the issuance of these permits and to protect the public health and
safety and the environment.