reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43602.

43602. (a) Except as provided in subdivision (b), evidence of financial ability required of an owner or operator of a solid waste landfill, as defined in Section 40195.1, shall be adjusted to equal the estimated costs of closure and 15 years of postclosure maintenance in the approved plans. Revisions in the plans prior to closure shall be accompanied by corresponding revisions in cost estimates and financial assurances.
(b) On and after the effective date of the federal regulations set forth in Subpart G (commencing with Section 258.70) of Part 258 of Title 40 of the Code of Federal Regulations, the evidence of financial ability required of an owner or operator of a solid waste landfill shall be adjusted to equal the estimated costs of closure and 30 years of postclosure maintenance in the approved plans. Revisions in the plans prior to closure shall be accompanied by corresponding revisions in cost estimates and financial assurances.
(Amended by Stats. 1996, Ch. 1041, Sec. 15. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43603.

43603. The board shall not require an owner or operator of a disposal site to revise or amend a closure plan submitted pursuant to this section or former Section 66796.22 of the Government Code after closure of the landfill in order to reflect subsequent changes in any standards and regulations adopted by the board.
(Amended by Stats. 1992, Ch. 1062, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43604.

43604. (a) During the closure and postclosure maintenance period, a solid waste landfill owner or operator shall maintain evidence of financial ability sufficient to pay postclosure maintenance costs, except that the owner or operator may request reimbursement for costs of postclosure maintenance as they are incurred if the remaining amount of funds is at least equal to the remaining postclosure maintenance cost.
(b) Notwithstanding the effective date of this section, owners and operators shall be required to comply with this section on the effective date of those regulations set forth in Part 258 (commencing with Section 258.1) of Title 40 of the Code of Federal Regulations.
(Repealed and added by Stats. 1993, Ch. 1169, Sec. 16. Effective October 11, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43605.

43605. Nothing in this division affects the authority of the State Water Resources Control Board to impose closure and postclosure maintenance requirements on disposal sites.
(Amended by Stats. 1992, Ch. 1062, Sec. 5. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43606.

43606. (a) Except for financial arrangements approved by the board pursuant to this article, no indemnification, hold harmless, or similar agreement or conveyance is effective to transfer from the owner or operator of a disposal site to any other person any obligations imposed on the owner or operator under this article.
(b) Notwithstanding subdivision (a), nothing in this section prohibits any agreement between the owner and the operator regarding their respective obligations for closure and postclosure maintenance of a disposal site, and nothing in this section prohibits a cause of action that an owner or operator has or would have against the other party by reason of that agreement.
(Amended by Stats. 1992, Ch. 1062, Sec. 6. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43610.

43610. (a) Notwithstanding Article 3 (commencing with Section 43500) or this article, a small city which operates a solid waste landfill, as defined in Section 40195.1, in Kings County, that is operational and, as of January 1, 1991, has been granted all required permits, is not required to submit a postclosure maintenance plan or to provide a fund for postclosure maintenance pursuant to Article 3 (commencing with Section 43500) or this article, if all of the following conditions are met:
(1) The city has a population of less than 20,000 persons.
(2) The solid waste landfill receives less than 20,000 tons of solid waste per year.
(3) The water table of the highest aquifer under the solid waste landfill is 250 or more feet below the base of the solid waste landfill and the water in the highest aquifer is not potable.
(4) The solid waste landfill receives less than an average of 12 inches of rainfall per year.
(5) The solid waste landfill is closed in compliance with all state closure testing requirements at the time of closure.
(b) The exemption in subdivision (a) from the requirement to submit a postclosure maintenance plan shall become inoperative on the effective date of the federal regulations set forth in Subpart F (commencing with Section 258.60) of Part 258 of Title 40 of the Code of Federal Regulations, and the exemption in subdivision (a) from the requirement to provide a fund for postclosure maintenance shall become inoperative on the effective date of the federal regulations set forth in Subpart G (commencing with Section 258.70) of Part 258 of Title 40 of the Code of Federal Regulations.
(Amended by Stats. 1996, Ch. 1041, Sec. 16. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 4 - Financial Ability › Section 43610.1.

43610.1. A disposal site owner or operator who meets the requirements of this article and its implementing regulations shall be deemed to have satisfactorily complied with all state requirements for financial ability to provide for closure and postclosure maintenance costs.
(Added by Stats. 1993, Ch. 656, Sec. 25. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44000.5.

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.
(Added by Stats. 2008, Ch. 500, Sec. 14. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44001.

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.
(Amended by Stats. 1995, Ch. 952, Sec. 15. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44002.

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.
(Amended by Stats. 2004, Ch. 448, Sec. 1. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44003.

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.
(Amended by Stats. 1992, Ch. 1292, Sec. 69. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44005.

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.
(Repealed and added by Stats. 1995, Ch. 952, Sec. 20. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44006.

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.
(Amended by Stats. 1990, Ch. 231, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44007.

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.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44008.

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.
(Amended by Stats. 1995, Ch. 952, Sec. 21. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44009.

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.
(Amended by Stats. 1996, Ch. 1041, Sec. 17. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44010.

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.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44012.

44012. (a) When issuing or revising a 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.
(b) When issuing or revising a solid waste facilities permit, an enforcement agency may impose those terms and conditions on a solid waste facilities permit that it deems necessary and appropriate to govern the design and operation of the solid waste facility, for purposes of implementing the requirements of subdivision (a).
(c) The terms and conditions of the solid waste facilities permit imposed by an enforcement agency pursuant to this section shall be consistent with the enforcement policy adopted pursuant to subdivision (e) of Section 43209 and shall be consistent with this division.
(Amended by Stats. 2013, Ch. 509, Sec. 5. (AB 1398) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44014.

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.
(Amended by Stats. 1995, Ch. 952, Sec. 25. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44015.

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.
(Amended by Stats. 2004, Ch. 448, Sec. 2. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44016.

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.
(Amended by Stats. 1995, Ch. 952, Sec. 27. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44017.

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.
(Amended by Stats. 1995, Ch. 952, Sec. 28. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 1 - Solid Waste Facility Permits › Section 44018.

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.
(Amended by Stats. 1995, Ch. 952, Sec. 29. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 2 - Facility Inspections › Section 44100.

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.
(Amended by Stats. 2008, Ch. 500, Sec. 15. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 2 - Facility Inspections › Section 44101.

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.
(Amended by Stats. 1992, Ch. 1293, Sec. 23. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 2 - Facility Inspections › Section 44103.

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.
(Amended by Stats. 2000, Ch. 343, Sec. 25. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 2 - Facility Inspections › Section 44104.

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.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 2 - Facility Inspections › Section 44106.

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.
(Amended by Stats. 1996, Ch. 1041, Sec. 18. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 3 - Permit and Inspection Program › ARTICLE 2 - Facility Inspections › Section 44107.

44107. (a) A solid waste facility, as defined in Section 40194, sending materials to a biomass conversion facility, shall ensure that the materials are limited to those listed in subdivision (a) of Section 40106. The enforcement agency may inspect solid waste facilities and operations for compliance with this section.
(b) On or before April 1, 2016, and on or before April 1 of each year thereafter, the operator or owner of a biomass conversion facility shall provide an annual report to the department, in writing, for the preceding year, containing all of the following information:
(1) The name, address, and telephone number of the facility, the operator, and the owner.
(2) The total amount and type of material accepted by the facility.
(3) The name and address, or the physical location, of the source of each type of material accepted by the facility. A facility that cannot provide the name and address, or the physical location, of a source of material accepted by the facility shall provide an explanation why the information is not available.
(4) The total amount and type of material that was rejected by the facility.
(5) The name and address, or physical location, of the source of each type of material rejected by the facility and the reasons for the rejection. A facility that cannot provide the name and address, or the physical location, of a source of material rejected by the facility shall provide an explanation why the information is not available.
(6) The name and address, or physical location, of the final end user of ash or other byproducts produced by the facility. Until January 1, 2017, a facility that cannot provide the name and address, or physical location, of the final end user of ash or byproducts shall provide an explanation why that information is not available.
(7) Signatures of the operator and owner of the facility certifying the accuracy of the information provided under the penalty of perjury.
(8) Any other information that is necessary for the department to determine the accuracy of the information provided pursuant to this subdivision.
(c) To the extent that information specified in subdivision (b) has previously been submitted by the owner or operator of a biomass conversion facility in reports to another state agency or instrument of a state agency, the owner or operator of the facility may submit those reports to the department in satisfaction of the requirements of subdivision (b) regarding that information. Information required by subdivision (b) and not contained in the previously submitted reports shall be provided separately to the department.
(d) If information provided by a biomass conservation facility pursuant to this section is designated as confidential, the department shall treat that information in accordance with Section 40062 and its implementing regulations.
(Amended by Stats. 2015, Ch. 303, Sec. 441. (AB 731) Effective January 1, 2016.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)