SECTIONS 44100-44106 - California Statutes

PUBLIC RESOURCES CODE

SECTION 44100-44106

44100. (a) The enforcement agency, in issuing or reviewing a solid
waste facilities permit or in connection with an action relating to a
solid waste facilities permit or as otherwise authorized by this
division, may investigate the operation of a solid waste facility, a
transfer or processing station, a disposal site, collection or
handling equipment, or a storage area for solid wastes.
(b) In the investigation, the enforcement agency may require a
person, who is, or proposes to become, an operator of a solid waste
facility, a transfer or processing station, a disposal site,
collection or handling equipment, or a storage area for solid wastes,
or a person that the enforcement agency believes may have
information concerning a suspected violation of this division, to
furnish, under penalty of perjury, any nonprivileged technical or
monitoring program or other reports that the enforcement agency may
specify.
(c) If the owner of property upon which solid waste is unlawfully
stored, stockpiled, disposed, handled, or maintained refuses to allow
or provide the board, the enforcement agency, or a contractor of the
board or enforcement agency with access to enter onto the property
and perform all necessary cleanup, abatement, or remedial work as
authorized pursuant to Section 45000 or 48020, the court may issue
the board, the enforcement agency, or a contractor of the board or
enforcement agency a warrant pursuant to the procedure set forth in
Title 13 (commencing with Section 1822.50) of Part 3 of the Code of
Civil Procedure to permit reasonable access to the property to
perform that activity, if the following conditions have been met:
(1) An administrative order requiring corrective action has been
issued or obtained pursuant to Section 45000 against the property
owner.
(2) The board or enforcement agency finds that there is a
significant threat to public health or the environment.

44101. (a) In the investigation, the enforcement agency may inspect
the facility, equipment, or vehicle used for storage, collection,
transportation, processing, or disposal of solid waste, as necessary
to ensure compliance with this division and to determine that the
terms and conditions of solid waste facilities permits are being
complied with.
(b) The inspection shall be made with the consent of the owner or
possessor of the solid waste facilities permit or, if consent is
refused, with a warrant duly issued pursuant to Title 13 (commencing
with Section 1822.50) of Part 3 of the Code of Civil Procedure.
However, in the event of an emergency affecting the public health or
safety, an inspection may be made without consent or the issuance of
a warrant.

44103. (a) For those facilities that accept only hazardous wastes,
or that accept only low-level radioactive wastes, or that accept
both, a solid waste facilities permit issued by the enforcement
agency is not required. A single hazardous waste facilities permit or
low-level radioactive waste facilities permit issued by the
Department of Toxic Substances Control pursuant to Article 9
(commencing with Section 25200) of Chapter 6.5 of Division 20 of the
Health and Safety Code, or by the State Department of Health Services
pursuant to Chapter 8 (commencing with Section 114960) of Part 9 of
Division 104 of the Health and Safety Code shall be the only waste
facilities permit or permits necessary for the use and operation of
hazardous waste or low-level radioactive waste disposal facilities.
(b) For those facilities that accept both hazardous wastes and
other solid wastes, two permits shall be required, as follows:
(1) The hazardous waste facilities permit issued by the Department
of Toxic Substances Control pursuant to Article 9 (commencing with
Section 25200) of Chapter 6.5 of Division 20 of the Health and Safety
Code.
(2) The solid waste facilities permit issued by the enforcement
agency pursuant to this chapter.
(c) Nothing in this section limits or supersedes any other permit
or licensing requirements imposed by other provisions of law.

44104. (a) The board shall maintain an inventory of solid waste
facilities which violate state minimum standards. To the extent it is
practicable to do so, the board shall incorporate in this inventory
existing information collected in the course of previous surveys of
this type and similar information made available to the board by
state and local agencies.
(b) Whenever a solid waste facility is proposed to be included in
the inventory, the board shall give notice thereof by certified mail
to the disposal site owner and the operator of the solid waste
facility. If, within 90 days of that notice, the violation has not
been corrected, the solid waste facility shall be included in the
inventory. The board shall update and publish the inventory twice
annually.

44106. (a) The enforcement agency shall develop a compliance
schedule for a solid waste facility included in the inventory
prepared pursuant to Section 44104. The compliance schedule shall
ensure that diligent progress will be made to bring the solid waste
facility into compliance.
(b) Except as provided in subdivision (d), if the solid waste
facility is not in compliance with the schedule established by the
enforcement agency, the enforcement agency may revoke the operating
permit of the solid waste facility until the violations of state
minimum standards are remedied. If a closed or abandoned disposal
site is not in compliance within the one-year period, the unremedied
condition is prima facie evidence of negligence; and, in any action
for damages against the owner of the property for injury caused by
the unremedied condition, the burden of proving that the injury was
not caused by the unremedied condition shall be on the owner of the
property.
(c) The enforcement agency may recover any costs incurred pursuant
to this section by charging the fee authorized by Section 43213.
(d) The enforcement agency shall refer violations of a waste
discharge requirement adopted under Section 13263 of the Water Code
to the appropriate regional water board.