reglab/housing_qa huggingface dataset:
CA Pub Res Code § 44150 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 3 - Other Requirements|Section 44150.

44150.  (a) The enforcement agency shall not issue or revise a solid waste facilities permit for any proposed project which proposes to use transformation, as defined in Section 40201, unless the project complies with all of the following conditions:(1) The proposed project meets all of the requirements specified in this chapter.(2) The proposed project is consistent with state solid waste management policy as set forth in Section 40051.(3) The proposed project has a defined source of waste, including waste available from existing solid waste transfer and processing stations.(4) The proposed project is guaranteed, by contract or other commitments, more than sufficient quantities of waste to maintain the project’s economic feasibility for the life of the bonded indebtedness of the project. This guarantee shall not include any materials which will be recycled pursuant to paragraph (5).(5) The proposed project, and any contracts or commitments the project has entered into for the provision of waste, uses front-end recycling methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible.(6) If the proposed project is a thermal powerplant, the thermal powerplant has been specifically included in an adopted and approved revision of the countywide or regional agency integrated waste management plan prepared pursuant to Chapter 5 (commencing with Section 41750) of Part 2.(7) The ash or other residue generated from the transformation project is routinely tested at least once a month, and, notwithstanding Section 25143.5 of the Health and Safety Code, if hazardous wastes are present, the ash or residue is sent to a Class 1 hazardous waste disposal facility.(b) Facilities for the recovery of methane gas are not subject to this section.(Amended by Stats. 1992, Ch. 1293, Sec. 24. Effective January 1, 1993.)
CA Pub Res Code § 44151 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 3 - Other Requirements|Section 44151.

44151.  Any solid waste facility, located outside of any city, shall be maintained in compliance with the flammable clearance provisions of Chapter 5 (commencing with Section 4371) of Part 2 of Division 4.(Amended by Stats. 1992, Ch. 1293, Sec. 25. Effective January 1, 1993.)
CA Pub Res Code § 44152 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 3 - Other Requirements|Section 44152.

44152.  No enforcement agency shall issue or revise a permit for a solid waste facility which exclusively uses transformation until the board has concluded in writing that the proposed permit is consistent with the state’s minimum standards for solid waste facilities.(Amended by Stats. 1990, Ch. 1355, Sec. 39. Effective September 27, 1990.)
CA Pub Res Code § 44201 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44201.

44201.  As used in this article, unless the context clearly indicates otherwise, the following definitions apply:(a) “Indian country” has the same meaning as set forth in Section 1151 of Title 18 of the United States Code.(b) “Tribe” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time.(c) “Solid waste” has the same meaning as set forth in Section 40191.(d) “Solid waste facility” has the same meaning as set forth in Section 40194.(e) “Operator” means a person who operates a solid waste facility.(f) “Owner” means a person who owns a solid waste facility.(g) “Secretary” means the Secretary for Environmental Protection.(h) “State” means the State of California and any agency or instrumentality thereof.(i) “Siting” means the physical suitability of a location proposed for a solid waste facility.(Amended by Stats. 1992, Ch. 427, Sec. 150. Effective January 1, 1993.)
CA Pub Res Code § 44202 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44202.

44202.  (a) Upon receipt of a written request from any tribe considering a proposal to construct each solid waste facility in that tribe’s Indian country within this state, the secretary shall convene negotiations for purposes of reaching a cooperative agreement pursuant to this article, which will define the respective rights, duties, and obligations of the state and the tribe concerning the approval, development, and operation of the facility. In convening the negotiations, the secretary shall consult with the California Integrated Waste Management Board, the State Water Resources Control Board, the appropriate California regional water quality control board, the State Air Resources Board, and the appropriate air pollution control district or air quality management district.(b) This article does not apply to any facility located on Indian country within the state if it meets all of the following requirements: (1) The facility is owned and operated solely by a tribe. (2) All solid waste accepted by the facility is generated by that particular tribe. (3) Appropriate federal agencies have approved the facility.(Added by Stats. 1991, Ch. 805, Sec. 4.)
CA Pub Res Code § 44205 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44205.

44205.  (a) Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 44203 to review any draft tribal permit and any applicable federal permit to determine whether it contains all conditions sufficient to do all of the following:(1) Meet the functionally equivalent standards provided in the cooperative agreement, as required by subdivision (e) of Section 44203.(2) Provide not less than the level of protection for public health, safety, and the environment that would have been the case if that state agency had issued the permit.(3) Implement all feasible mitigation measures. For purposes of this paragraph, “feasible” has the same meaning as in Sections 21001, 21002.1, and 21004, and any regulations adopted pursuant to those sections.(b) Each cooperative agreement shall provide that the tribal or federal permits issued for the solid waste facility meet the requirements of this section.(c) The failure of a party to a cooperative agreement to meet the requirements of this section shall be determined to be an actionable breach of the cooperative agreement.(d) The election by a party to a cooperative agreement to pursue a contractual remedy shall not limit the ability of a party to assert its respective claims of jurisdiction or sovereign immunity.(e) Entering into a cooperative agreement shall not be a basis for denying any remedy to which a party is otherwise entitled.(f) Within 10 days of issuance of a final federal permit or tribal permit, a copy of that permit shall be provided to the California Environmental Protection Agency and the tribe having jurisdiction over the facility.(Amended by Stats. 1992, Ch. 427, Sec. 152. Effective January 1, 1993.)
CA Pub Res Code § 44207 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44207.

44207.  (a) The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the terms of the cooperative agreement as a contract, and shall not limit the availability to either party of any remedy at law or in equity otherwise available under California law. (b) The cooperative agreement shall require that the tribe waive its sovereign immunity from any action brought by the state in any court otherwise having jurisdiction over the subject matter, and that the state shall waive its sovereign immunity from any action brought by the tribe, in any court otherwise having jurisdiction over the subject matter, to enforce the terms of the cooperative agreement.(Added by Stats. 1991, Ch. 805, Sec. 4.)
CA Pub Res Code § 44208 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44208.

44208.  A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state.(Added by Stats. 1991, Ch. 805, Sec. 4.)
CA Pub Res Code § 44209 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44209.

44209.  Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 44203, or against the secretary, who is alleged to have approved or certified the sufficiency of any cooperative agreement or permit in violation of this article. No action may be commenced under this section more than 60 days after the agency or secretary has approved or certified the sufficiency of any cooperative agreement or permit under this article.(Added by Stats. 1991, Ch. 805, Sec. 4.)
CA Pub Res Code § 44210 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 3 - Permit and Inspection Program|ARTICLE 4 - Development of Solid Waste Management Facilities on Indian Country|Section 44210.

44210.  Notwithstanding this article, a cocomposting facility located in Indian country with a memorandum of agreement adopted November 29, 1989, with the California Regional Water Quality Control Board, Colorado River Basin Region 7, shall be allowed to continue to operate under the terms of that agreement until January 1, 1993, or the date the project complies with this article, whichever date is earlier.(Added by Stats. 1991, Ch. 805, Sec. 4.)
CA Pub Res Code § 44300 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 1 - Denial of Permits|Section 44300.

44300.  An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in accordance with the procedures set forth in Section 44310, deny a solid waste facilities permit in any of the following cases:(a) The application is incomplete or otherwise inadequate.(b) The applicant has not complied with Division 13 (commencing with Section 21000).(c) The applicant has failed to demonstrate that the facility will meet minimum regulatory standards.(d) The application contains significant false or misleading information or significant misrepresentations.(e) The agency determines the applicant has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of this division, or regulations adopted pursuant to this division, or the terms and conditions of the permit, and the violation meets both of the following criteria:(1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment.(2) The violation has not been corrected or reasonable progress toward correction has not been achieved.(Amended by Stats. 2004, Ch. 448, Sec. 3. Effective January 1, 2005.)
CA Pub Res Code § 44305 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 2 - Suspension or Revocation|Section 44305.

44305.  (a) An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in accordance with the procedures set forth in Section 44310, temporarily suspend a solid waste facilities permit if the enforcement agency determines that changed conditions at the facility necessitate a permit revision or modification to eliminate a significant threat to public health and safety or to the environment.(b) Notwithstanding subdivision (a), the enforcement agency may suspend a solid waste facilities permit prior to holding a hearing if the enforcement agency determines that changed conditions at the facility necessitate a permit revision or modification to prevent or mitigate an imminent and substantial threat to the public health and safety or to the environment. However, any person aggrieved by an action by an enforcement agency to suspend a permit pursuant to this subdivision may appeal the action to a hearing panel or hearing officer appointed pursuant to Section 44308 or 44309. The hearing panel or hearing officer shall, at the request of the aggrieved party, hear the appeal within three business days of the date when the permit was suspended, or the first day thereafter requested by the aggrieved party in compliance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. The hearing panel or hearing officer shall render its decision on the day the hearing concludes. The hearing panel or hearing officer may affirm, modify, or rescind the permit suspension. A decision of a hearing panel or hearing officer appointed pursuant to Section 44308 or 44309 may be appealed pursuant to Section 45030.(c) The enforcement agency shall lift the permit suspension as soon as the changed conditions that necessitated the suspension pursuant to subdivision (b) have been corrected.(Amended by Stats. 2004, Ch. 448, Sec. 4. Effective January 1, 2005.)
CA Pub Res Code § 44306 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 2 - Suspension or Revocation|Section 44306.

44306.  The enforcement agency may, after holding a hearing in accordance with the procedures set forth in Section 44310, revoke a solid waste facilities permit if the enforcement agency determines any of the following:(a) The permit was obtained by a material misrepresentation or failure to disclose relevant factual information.(b) The operator has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of this division, regulations adopted pursuant to this division, or the terms and conditions of the permit, and the violation meets both of the following criteria:(1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment.(2) The violation has not been corrected or reasonable progress toward correction has not been achieved.(c) The operator has failed to pay in full any monetary penalty imposed pursuant to Part 5 (commencing with Section 45000) within 90 days from the date when the penalty is required to be paid and after the expiration of the time period during which the permitholder may appeal the ruling, or after the denial of the permitholder’s timely appeal up to, and including, an appeal to the superior court.(Amended by Stats. 2008, Ch. 500, Sec. 16. Effective January 1, 2009.)
CA Pub Res Code § 44307 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 2 - Suspension or Revocation|Section 44307.

44307.  From the date of issuance of a permit that imposes conditions that are inappropriate, as contended by the applicant, or after the taking of any enforcement action pursuant to Part 5 (commencing with Section 45000) by the enforcement agency, the enforcement agency shall hold a hearing, if requested to do so, by the person subject to the action. The enforcement agency shall also hold a hearing upon a petition to the enforcement agency from any person requesting the enforcement agency to review an alleged failure of the agency to act as required by this part, Part 5 (commencing with Section 45000), or Part 6 (commencing with Section 45030) or a regulation adopted by the department pursuant to this part, Part 5 (commencing with Section 45000), or Part 6 (commencing with Section 45030). A hearing shall be held in accordance with the procedures specified in Section 44310.(Amended by Stats. 2013, Ch. 509, Sec. 6. (AB 1398) Effective January 1, 2014.)
CA Pub Res Code § 44308 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 2 - Suspension or Revocation|Section 44308.

44308.  (a) All hearings conducted pursuant to this chapter by the enforcement agency shall be conducted by a hearing officer appointed pursuant to subdivision (d) or a hearing panel appointed pursuant to either of the following procedures:(1) The governing body may appoint three of its members as the hearing panel.(2) The chairperson of the governing body may appoint an independent hearing panel consisting of three members.(b) (1) If an independent hearing panel is appointed pursuant to paragraph (2) of subdivision (a), not more than one member of the governing body shall serve on the hearing panel.(2) Members of the independent hearing panel shall be selected for their legal, administrative, or technical abilities in areas relating to solid waste management.(3) At least one member of the independent hearing panel shall be a technical expert with knowledge of solid waste management methods and technology.(4) At least one member of the independent hearing panel shall be a representative of the public at large.(5) A member of an independent hearing panel shall serve for a term of four years, and may not serve more than two consecutive terms.(6) If a member of an independent hearing panel does not complete the member’s term, the chairperson of the governing body shall appoint a replacement to serve out the remainder of the unexpired term.(c) Members of the hearing panel may receive per diem and necessary expenses while conducting the hearing.(d) The governing body of an enforcement agency may appoint a hearing officer only if the governing body has adopted procedures for making that appointment and has adopted qualifications that the hearing officer is required to meet.(Amended by Stats. 2004, Ch. 448, Sec. 6. Effective January 1, 2005.)
CA Pub Res Code § 44309 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 2 - Suspension or Revocation|Section 44309.

44309.  All hearings conducted by the board acting as the enforcement agency pursuant to Section 43205 shall be conducted by a hearing panel of three board members appointed by the chairperson of the board.(Amended by Stats. 2004, Ch. 448, Sec. 7. Effective January 1, 2005.)
CA Pub Res Code § 44310 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 30 - WASTE MANAGEMENT|PART 4 - SOLID WASTE FACILITIES|CHAPTER 4 - Denial, Suspension, or Revocation of Permits|ARTICLE 2 - Suspension or Revocation|Section 44310.

44310.  All hearings conducted pursuant to this chapter shall be based on the following procedures:(a) (1) The hearing shall be initiated by the filing of a written request for a hearing with a statement of the issues.(A) If the hearing request is made by the person subject to the action, the request shall be made within 15 days from the date that person is notified, in writing, of the enforcement agency’s intent to act in the manner specified.(B) If the hearing request is made by a person alleging that the enforcement agency failed to act as required by law or regulation pursuant to Section 44307, the person shall file a request for a hearing within 30 days from the date the person discovered or reasonably should have discovered, the facts on which the allegation is based.(2) The enforcement agency shall, within 15 days from the date of receipt of a request for a hearing, provide written notice to the person filing the request notifying the person of the date, time, and place of the hearing.(3) If that person fails to request a hearing or to timely file a statement of issues, the enforcement agency may take the proposed action without a hearing or may, at its discretion, proceed with a hearing before taking the proposed action.(4) The enforcement agency shall file its written response to the statement of issues filed by the person requesting the hearing with the hearing panel or the hearing officer, and provide a copy to the person requesting the hearing, not less than 15 days prior to the date of the hearing.(b) The hearing shall be held no later than 30 days after receiving the request for a hearing on the merits of the issues presented, in accordance with the procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.(c) Within five days from the conclusion of the hearing, the hearing panel or hearing officer shall issue its decision. The decision shall become effective as provided in Section 45017.(Amended by Stats. 2004, Ch. 448, Sec. 8. Effective January 1, 2005.)