SECTIONS 50000-50002 - California Statutes

PUBLIC RESOURCES CODE

SECTION 50000-50002

50000. (a) Until an integrated waste management plan has been
approved by the California Integrated Waste Management Board pursuant
to Division 30 (commencing with Section 40000), no person shall
establish a new solid waste facility or transformation facility or
expand an existing solid waste facility or transformation facility
that will result in a significant increase in the amount of solid
waste handled at the facility without a certification by the
enforcement agency that one of the following has occurred:
(1) The facility is identified and described in, or found to
conform with, a county solid waste management plan that was in
compliance with statutes and regulations in existence on December 31,
1989, adopted pursuant to former Title 7.3 (commencing with Section
66700) of the Government Code as that former statute read on December
31, 1989. The conformance finding with that plan shall be in
accordance with the procedure for a finding of conformance that was
set forth in the plan prior to January 1, 1990.
(2) The facility is identified and described in the most recent
county solid waste management plan that has been approved by the
county and by a majority of the cities within the county that contain
a majority of the population of the incorporated area of the county,
except in those counties that have only two cities, in which case,
the plan has been approved by the county and by the city that
contains a majority of the population of the incorporated area of the
county.
(3) Pursuant to the procedures in subdivision (b), the facility
has been approved by the county and by a majority of the cities
within the county that contain a majority of the population of the
incorporated area of the county, except in those counties that have
only two cities, in which case, the facility has been approved by the
county and by the city that contains a majority of the population of
the incorporated area of the county.
(4) The facility is a material recovery facility and the site
identification and description of the facility have been submitted to
the task force created pursuant to Section 40950 for review and
comment, pursuant to the procedures set forth in subdivision (c). For
purposes of this paragraph, "material recovery facility" means a
transfer station that is designed to, and, as a condition of its
permit, shall, recover for reuse or recycling at least 15 percent of
the total volume of material received by the facility.
(5) The facility is identified and described in the countywide
siting element that has been approved pursuant to Section 41721.
(b) (1) The review and approval of a solid waste facility or
transformation facility that has not been identified or described in
a county solid waste management plan shall be initiated by submittal
by the person or agency proposing the facility of a site
identification and description to the county board of supervisors.
(2) The county shall submit the site identification and
description to each city within the county within 20 days from the
date that the site identification and description is submitted to the
county board of supervisors. The county and each city shall approve
or disapprove by resolution the site identification and description
within 90 days from the date that the site identification and
description are initially submitted to the county or city. Each city
shall notify the county board of supervisors of its decision within
that 90-day period. If the county or a city fails to approve or
disapprove the site identification and description within 90 days,
the city or county shall be deemed to have approved the site
identification and description as submitted.
(3) If a city or county disapproves the site identification and
description, the city or county shall mail notice of its decision by
first-class mail to the person or agency requesting the approval
within 10 days of the disapproval by the city or county, stating its
reasons for the disapproval.
(4) No county or city shall disapprove a proposed site
identification and description for a new solid waste facility or
transformation facility or an expanded solid waste facility or
transformation facility that will result in a significant increase in
the amount of solid waste handled at the facility unless it
determines, based upon substantial evidence in the record, that there
will be one or more significant adverse impacts within its
boundaries from the proposed project.
(5) Within 45 days from the date of a decision by a city or county
to disapprove a site identification and description, or a decision
by the board not to concur in the issuance of a permit pursuant to
Section 44009, any person may file with the superior court a writ of
mandate for review of the decision. The evidence before the court
shall consist of the record before the city or county that
disapproved the site identification and description or the record
before the board in its determination not to concur in issuance of
the permit. Section 1094.5 of the Code of Civil Procedure shall
govern the proceedings conducted pursuant to this subdivision.
(c) To initiate the review and comment by the task force required
by paragraph (4) of subdivision (a) and subdivision (d), the person
or agency proposing the facility shall submit the site identification
and description of the facility to the task force. Within 90 days
after the site identification and description are submitted to the
task force, the task force shall meet and comment on the facility in
writing. Those comments shall include, but are not limited to, the
relationship between the proposed new or expanded material recovery
facility and the requirements of Section 41780. The task force shall
transmit those comments to the applicant, to the county, and to all
of the cities in the county.
(d) On or before February 1, 1991, each county, by vote of the
board of supervisors and the majority of the cities in the county
containing a majority of the population of the incorporated area of
the county, except in those counties that have only two cities, in
which case the vote is subject to approval of the city that contains
a majority of the population of the incorporated area of the county,
shall adopt two resolutions after holding a public hearing. One
resolution shall address solid waste transfer facilities that are
designed to, and, as a condition of their permits, shall, recover for
reuse or recycling less than 15 percent of the total volume of
material received by the facility and that serve more than one
jurisdiction. The second resolution shall address solid waste
transfer facilities that are designed to, and, as a condition of
their permits, shall, recover for reuse or recycling less than 15
percent of the total volume of material received by the facility and
that serve only one jurisdiction. These resolutions shall specify
whether the facilities shall be subject to the review and approval
process described in subdivision (b) or the review and comment
process described in subdivision (c). If the resolutions required by
this subdivision are not adopted on or before February 1, 1991, those
facilities shall be subject to the review process described in
subdivision (c).
For purposes of this subdivision, a facility serves only one
jurisdiction if it serves only one city, only the unincorporated area
of one county, or only one city and county.

50000.5. (a) Until a countywide integrated waste management plan
has been approved by the California Integrated Waste Management Board
pursuant to Division 30 (commencing with Section 40000), no person
shall establish or expand a solid waste facility or transformation
facility unless the city or county in which the site is located makes
a finding that the establishment or expansion of the facility is
consistent with the applicable general plan of the city or county.
This finding shall not be made unless the city or county has adopted
a general plan which complies with the provisions of Article 5
(commencing with Section 65300) of Chapter 3 of Division 1 of Title 7
of the Government Code.
(b) In addition to the requirements in subdivision (a), any new or
expanded solid waste disposal facility or transformation facility
shall be deemed to be consistent with the general plan only if both
of the following requirements are met:
(1) The facility is located in a land use area designated or
authorized for solid waste facilities in the applicable city or
county general plan.
(2) The land uses which are authorized adjacent to, or near, the
facility are compatible with the establishment, or expansion of, the
solid waste disposal facility or transformation facility.

50001. (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the California Integrated Waste Management Board
pursuant to Division 30 (commencing with Section 40000), no person
shall establish or expand a solid waste facility, as defined in
Section 40194, in the county unless the solid waste facility meets
one of the following criteria:
(1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment thereto, which has been
approved pursuant to Section 41721.
(2) The solid waste facility is a facility which is designed to,
and which as a condition of its permit, will recover for reuse or
recycling at least 5 percent of the total volume of material received
by the facility, and which is identified in the nondisposal facility
element or amendment thereto, which has been approved pursuant to
Section 41800 or 41801.5.
(b) Solid waste facilities other than those specified in
paragraphs (1) and (2) of subdivision (a) shall not be required to
comply with the requirements of this section.
(c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
(d) The review and comment by the local task force required by
subdivision (c) for amendment to an element may be satisfied by the
review required by subdivision (a) of Section 41734 for an amendment
to an element.

50001.2. Nothing in this division is intended to limit the ability
of a city or county to enter into a joint exercise of powers
agreement to establish procedures, plans, policies, and criteria to
which solid waste facilities shall conform.

50001.5. At the request of the board or any local governmental
entity, the Attorney General shall bring an action to enforce this
division.

50002. (a) The California Integrated Waste Management Board may, by
regulation, specify classifications of solid waste facilities that
are exempt from the requirements of Sections 50000, 50000.5, and
50001. The regulation may be adopted only if the board makes all of
the following findings:
(1) The exemption is not contrary to the public interest.
(2) The quantity of solid wastes to be disposed of at each site is
insignificant.
(3) The nature of the solid wastes poses no significant threat to
the public health, the public safety, or the environment.
(b) The application to land of agricultural products derived from
municipal sewage sludge for use as a fertilizer material, based on a
finding by the board that the nature of the solid waste poses no
significant threat to the public health, the public safety, or the
environment, is exempt from the requirements of Sections 50000 and
50000.5.