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 1 - Local Enforcement Agencies › Section 43200.5.

43200.5. (a) An enforcement agency that has been designated by the local governing body and certified by the department pursuant to this chapter has the authority provided, and the duties required, by this part, Part 5 (commencing with Section 45000), and Part 6 (commencing with Section 45030).
(b) When exercising the authority and fulfilling the duties specified in subdivision (a), an enforcement agency is deemed to be carrying out a state function that is governed by this division. In carrying out this state function, an enforcement agency is deemed to be independent from the local governing body, and the enforcement agency’s actions in carrying out this state function is not subject to the authority of the local governing body.
(c) If an enforcement agency is authorized or required to take an action by a state law or local ordinance and that action is not otherwise authorized or required by this part, Part 5 (commencing with Section 45000), or Part 6 (commencing with Section 45030), the enforcement agency, with regard to that action, is governed only by that local ordinance or state law, respectively, in exercising that authority or carrying out that requirement and is not governed by this division.
(Added by Stats. 2013, Ch. 509, Sec. 3. (AB 1398) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43201.

43201. After August 1, 1992, no enforcement agency shall be designated pursuant to this article unless the board determines that the agency fully complies with one or more of the certification types specified in Section 43200. No enforcement agency shall, after August 1, 1992, exercise the powers of an enforcement agency pursuant to this chapter unless the agency has been certified 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 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43202.

43202. An enforcement agency may be designated by the local governing body and certified by the board to act to carry out this chapter within each jurisdiction. If an enforcement agency is not designated and certified, the board, in addition to its other powers and duties, shall be the enforcement agency within the jurisdiction, subject to the agreement required pursuant to Section 43212.1 or 43310.1.
(Amended by Stats. 1995, Ch. 952, Sec. 3. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43203.

43203. The designation of the enforcement agency shall be made by any one of the following procedures:
(a) The board of supervisors of the county may designate the enforcement agency to carry out this chapter in the county. The designation is subject to the approval by a majority of the cities within the county which contain a majority of the population of the incorporated areas of the county, except in those counties which have only two cities, in which case the designation shall be subject to approval by the city which contains the majority of the population of the incorporated area of the county.
(b) The county and the cities within the county may enter into a joint exercise of powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of establishing an enforcement agency to carry out this chapter in the jurisdiction of the joint powers agency.
(c) A city council may, at any time, designate an enforcement agency to carry out this chapter in the city.
(d) The board of supervisors of the county may designate an enforcement agency to carry out this chapter in the unincorporated area of the county.
(Amended by Stats. 1992, Ch. 1292, Sec. 66. 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 1 - Local Enforcement Agencies › Section 43204.

43204. No enforcement agency may exercise the powers and duties of an enforcement agency until the designation is approved by the board. After August 1, 1992, the board shall not approve a designation unless it finds that the designated enforcement agency is capable of fulfilling its responsibilities under the enforcement program and meets the certification requirements adopted by the board pursuant to Section 43200.
(Amended by Stats. 1990, Ch. 1355, Sec. 29. Effective September 27, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43205.

43205. (a) Except as provided in subdivision (b), if no enforcement agency is designated and certified, the board shall be the enforcement agency and shall assume all the powers and duties of an enforcement agency pursuant to this chapter, subject to the agreement required pursuant to Section 43212.1 or 43310.1. If the board is the enforcement agency and an enforcement agency is then designated and certified by the board, the board shall continue to act as the enforcement agency for the remainder of the fiscal year, with those responsibilities terminating as of June 30, unless otherwise specified by the board.
(b) Notwithstanding subdivision (a), if no enforcement agency is designated and certified for Stanislaus County or Santa Cruz County, the board shall be the enforcement agency, and shall assume all of the powers and duties of an enforcement agency for that county, but shall not be required to enter into the agreement required pursuant to Sections 43212.1 or 43310.1.
(c) The board and the enforcement agency shall not, at any time, impose duplicative fees or charges on the owner or operator of a solid waste facility.
(Amended by Stats. 1995, Ch. 952, Sec. 4. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43206.

43206. A designation made pursuant to this article may be withdrawn in the same manner in which it was made.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43207.

43207. No local governmental department or agency, or any employee thereof, which is the operating unit for a solid waste handling or disposal operation shall be the enforcement agency, or an employee thereof, for the types of solid waste handling or disposal operation it conducts unless authorized by the board to act in that capacity.
(Amended by Stats. 1995, Ch. 952, Sec. 5. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43208.

43208. Notwithstanding any other provision of law, except as provided in Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and Section 731 of the Code of Civil Procedure, no local governing body may enact, issue, enforce, suspend, revoke, or modify any ordinance, regulation, law, license, or permit relating to a facility that accepts both hazardous wastes and other solid wastes and which meets any of the criteria enumerated in subdivision (a) of Section 25148 of the Health and Safety Code, and was operating as of May 1, 1981, pursuant to a valid solid waste facility permit, so as to prohibit or unreasonably regulate the operation of, or the disposal, treatment, or recovery of resources from solid wastes at any such facility. However, nothing in this section authorizes an operator of such a facility to violate any term or condition of a local land use or facility permit or any other provision of law not in conflict with this section.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43209.1.

43209.1. (a) Notwithstanding any other provision of law, if an enforcement agency receives a complaint, pursuant to subdivision (b) of Section 41705 of the Health and Safety Code, from an air pollution control district or an air quality management district pertaining to an odor emanating from a compost facility under its jurisdiction, the enforcement agency shall, in consultation with the district, take appropriate enforcement actions pursuant to this part.
(b) On or before April 1, 1998, the board shall convene a working group consisting of enforcement agencies and air pollution control districts and air quality management districts to assist in the implementation of this section and Section 41705 of the Health and Safety Code. On or before April 1, 1999, the board and the working group shall develop recommendations on odor measurement and thresholds, complaint response procedures, and enforcement tools and take any other action necessary to ensure that enforcement agencies respond in a timely and effective manner to complaints of odors emanating from composting facilities. On or before January 1, 2000, the board shall implement the recommendations of the working group that the board determines to be appropriate.
(c) On or before April 1, 2003, the board shall adopt and submit to the Office of Administrative Law, pursuant to Section 11346.2 of the Government Code, regulations governing the operation of organic composting sites that include, but are not limited to, any of the following:
(1) Odor management and threshold levels.
(2) Complaint investigation and response procedures.
(3) Enforcement tools.
(d) This section shall become inoperative on April 1, 2003, unless the board adopts and submits regulations governing the operation of organic composting sites to the Office of Administrative Law pursuant to subdivision (c) on or prior to that date.
(Amended by Stats. 2001, Ch. 424, Sec. 3. Effective October 2, 2001. Conditionally inoperative April 1, 2003, as provided in subd. (d).)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43210.

43210. For those facilities that accept only hazardous wastes, or accept only low-level radioactive wastes, or facilities that accept only both, and to which Chapter 6.5 (commencing with Section 25100) of Division 20 or Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code applies, the board and the enforcement agency have no enforcement or regulatory authority. All enforcement activities for the facilities relative to the control of hazardous wastes shall be performed by the Department of Toxic Substances Control pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety Code, and all enforcement activities relative to the control of low-level radioactive waste shall be performed 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.
(Amended by Stats. 1997, Ch. 17, Sec. 123. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43211.

43211. (a) For those facilities that accept both hazardous wastes and other solid wastes, the Department of Toxic Substances Control shall exercise enforcement and regulatory powers relating to the control of the hazardous wastes at the facility pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. The board and the enforcement agency shall, at solid waste disposal facilities, exercise enforcement and regulatory powers relating to the control of solid wastes and asbestos-containing waste, as provided in Section 44820.
(b) For purposes of this section, “asbestos containing waste” means waste that contains more than 1 percent by weight, of asbestos that is either friable or nonfriable.
(Amended by Stats. 1997, Ch. 17, Sec. 124. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43212.

43212. (a) If the board is the enforcement agency, the board may impose fees to recover its costs of operation on the local governing body, a solid waste facility operator, or a solid waste enterprise that operates within the jurisdiction of the enforcement agency, and shall collect those fees in a manner determined by the board and developed in consultation with the local governing body. Any fees imposed pursuant to this section shall bear a direct relationship to the reasonable and necessary costs, as determined by the board, of providing for the efficient operation of the activities or programs for which the fee is imposed.
(b) If the board is the enforcement agency for a county and all of the cities within that county, the local governing body shall be the county board of supervisors for purposes of this section.
(Amended by Stats. 1995, Ch. 952, Sec. 7.5. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43212.1.

43212.1. If the board is the enforcement agency, the local governing body and the board shall enter into an agreement which shall identify the jurisdictional boundaries of the enforcement agency; address the powers and duties to be performed by the board as the enforcement agency, and identify an estimated workload and anticipated costs to the board.
(Added by Stats. 1995, Ch. 952, Sec. 8. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43213.

43213. The enforcement agency may, upon a majority vote of its local governing body, prescribe, revise, and collect fees or other charges from each operator of a solid waste facility or from any person who conducts solid waste handling if the local governing body having ratesetting authority has approved rate adjustments to compensate the solid waste hauler or solid waste facility operator for the amount of the fee or charges imposed pursuant to this section. The fee or other charge shall be based on the weight, volume, or type of solid waste which is received or handled by any such operator or person or on any other appropriate basis or any combination of the foregoing. In no case shall the fee or other charge imposed by the enforcement agency under this section exceed the actual cost of the solid waste enforcement authorized under this title.
(Amended by Stats. 1990, Ch. 305, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43215.

43215. (a) If the board, in conducting the inspection and performance review required pursuant to Section 43214 or this section, finds that the enforcement agency is not fulfilling one or more of its responsibilities, the board shall notify the enforcement agency of the particular reasons for finding that the enforcement agency is not fulfilling its responsibilities and of the board’s intention to withdraw its approval of the designation if, within a time to be specified in that notification, but in no event less than 30 days, the enforcement agency does not take the corrective action specified by the board.
(b) The board shall adopt regulations that establish a process for notice, public hearing, the admission of evidence, and final action by the board for partial or full withdrawal of the approval of designation pursuant to this chapter.
(Amended by Stats. 1995, Ch. 952, Sec. 10. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43215.1.

43215.1. The board may, upon the written request of an enforcement agency, provide legal counsel for purposes of compliance with this part.
(Added by Stats. 1995, Ch. 952, Sec. 11. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43216.

43216. If the board withdraws its approval of the designation of an enforcement agency, another enforcement agency shall be designated pursuant to Section 43203 within 90 days and approved by the board. If no designation is made within 90 days, the board shall become the enforcement agency within the jurisdiction of the former enforcement agency.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43216.5.

43216.5. In addition to the procedures for board withdrawal of its approval of a local enforcement agency’s designation pursuant to Sections 43214, 43215, and 43216, the board may take any actions which are determined by the board to be necessary to ensure that local enforcement agencies fulfill their obligations under this chapter. To ensure that a local enforcement agency is appropriately fulfilling its obligations under this chapter and implementing regulations, the board may conduct more frequent inspections and evaluations within a local enforcement agency’s jurisdiction, establish a schedule and probationary period for improved performance by a local enforcement agency, assume partial responsibility for specified local enforcement agency duties, and implement any other measures which may be determined by the board to be necessary to improve local enforcement agency compliance.
(Added by Stats. 1993, Ch. 656, Sec. 15. Effective October 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 1 - Local Enforcement Agencies › Section 43217.

43217. The board shall provide ongoing training, technical assistance, and guidance to local enforcement agencies to assist in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following:
(a) Technical studies and reports.
(b) Copies of innovative solid waste facility operation plans.
(c) Investigative findings and analyses of new solid waste management practices and procedures.
(d) A program for loaning technical and scientific equipment, to the extent that funds are available to the board to purchase that equipment.
(Amended by Stats. 1993, Ch. 656, Sec. 16. Effective October 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 1 - Local Enforcement Agencies › Section 43218.

43218. Each enforcement agency shall inspect each solid waste facility within its jurisdiction at least one time each month and shall file, within 30 days of the inspection, a written report in a format prescribed 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 2 - Solid Waste Handling and Disposal › ARTICLE 1 - Local Enforcement Agencies › Section 43219.

43219. (a) The board may, at its discretion, conduct inspections and investigations of solid waste facilities in order to evaluate the local enforcement agency and to ensure that state minimum standards are met.
(b) Except as otherwise provided by Section 43220, the board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct inspections of solid waste facilities within the jurisdiction of each local enforcement agency. The board shall inspect the types and number of solid waste facilities which are determined by the board to be necessary to adequately evaluate whether the local enforcement agency is ensuring compliance by solid waste facilities with state minimum standards. A written inspection report shall be prepared and submitted within 30 days of the inspection to the local enforcement agency.
(c) If the board identifies any significant violation of state minimum standards that were not identified and resolved through previous inspections by the local enforcement agency, the board shall take appropriate action as authorized by Sections 43215 and 43216.5.
(d) Notwithstanding any other provision of this section and Sections 43215 and 43216, if, as a result of a facility inspection conducted pursuant to subdivision (b), the board finds that conditions at a solid waste facility within the jurisdiction of a local enforcement agency threaten public health and safety or the environment, the board shall, within 10 days of notifying the local enforcement agency, become the enforcement agency until another local enforcement agency is designated locally and certified by the board.
(Amended by Stats. 1993, Ch. 656, Sec. 17. Effective October 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 1 - Local Enforcement Agencies › Section 43220.

43220. The board, in conjunction with an inspection conducted by the local enforcement agency, shall conduct at least one inspection every 18 months of each solid waste landfill and transformation facility in the state. A written inspection report shall be prepared and submitted within 30 days of the inspection to the local enforcement agency. If the board identifies any significant violation of state minimum standards that was not resolved through previous inspections by the local enforcement agency, the board shall take appropriate action as authorized by Sections 43215 and 43216.5 and subdivision (d) of Section 43219.
(Added by Stats. 1993, Ch. 656, Sec. 18. Effective October 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 1 - Local Enforcement Agencies › Section 43222.

43222. Any fees or charges imposed pursuant to this part by any enforcement agency shall bear a direct relationship to the reasonable and necessary cost, as determined by the enforcement agency, of providing the efficient operation of the activities or programs for which the fee is assessed.
(Added by Stats. 1995, Ch. 952, Sec. 12. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 1.5 - Local Enforcement Agency Grants › Section 43230.

43230. The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to local enforcement agencies to carry out the solid waste facilities permit and inspection program pursuant to Chapter 3 (commencing with Section 44001). The total amount of grants made by the board pursuant to this section shall not exceed, in any one fiscal year, one million five hundred thousand dollars ($1,500,000).
(Added by Stats. 1993, Ch. 656, Sec. 20. Effective October 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 1.5 - Local Enforcement Agency Grants › Section 43231.

43231. The board shall adopt regulations for the implementation of this article.
(Added by Stats. 1993, Ch. 656, Sec. 20. Effective October 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 1.5 - Local Enforcement Agency Grants › Section 43232.

43232. All expenses which are incurred by the board in carrying out this article are payable solely from the account. No liability or obligation is imposed upon the state pursuant to this part, and the board shall not incur a liability or obligation beyond the extent to which money is provided in the account for the purposes of this article.
(Added by Stats. 1993, Ch. 656, Sec. 20. Effective October 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 2 - Powers and Duties of the Board › Section 43300.

43300. The board, when acting in its capacity as an enforcement agency, may enforce all provisions of this division, and the regulations adopted thereto, for the protection of the environment and the public health and safety, and from nuisance.
(Amended by Stats. 1993, Ch. 656, Sec. 21. Effective October 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 2 - Powers and Duties of the Board › Section 43300.5.

43300.5. The enforcement policies of this division shall be applied equally and without distinction to publicly owned or operated, and to privately owned or operated, solid waste facilities.
(Added by Stats. 1996, Ch. 732, Sec. 6. 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 2 - Powers and Duties of the Board › Section 43301.

43301. The board shall coordinate action in solid waste handling and disposal with other federal, state, and local agencies and private persons.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43302.

43302. The board may request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and disposal.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43303.

43303. The board shall develop, implement, and maintain inspection, enforcement, and training programs.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43304.

43304. The board shall adopt an enforcement program consisting of regulations necessary to implement this division and the standards adopted pursuant thereto. The enforcement program shall include a description for carrying out the permit and inspection program pursuant to Chapter 3 (commencing with Section 44001).
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43305.

43305. The board may, as it deems necessary, establish specific local standards for solid waste handling and disposal after consultation with the local governing body. However, the standards shall be consistent with this division and all regulations 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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43306.

43306. The board shall keep and maintain records of its inspection, enforcement, training, and regulatory programs and of any other official action in accordance with regulations 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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43307.

43307. The board shall consult with the appropriate local health agency concerning all actions which involve health standards. The consultation shall include granting the health agency adequate notice and opportunity to conduct and report any evaluation that it reasonably deems appropriate.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43308.

43308. For those facilities that accept only hazardous wastes and to which Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code applies, or that accept only low-level radioactive wastes and to which Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code applies, or for those facilities that accept both, the board shall have no enforcement or regulatory authority. Except as otherwise provided in Section 40052, all enforcement activities for those facilities relative to the control of hazardous wastes shall be performed by the Department of Toxic Substances Control pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety Code, and all enforcement activities for those facilities relative to low-level radioactive wastes shall be performed 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.
(Amended by Stats. 2000, Ch. 343, Sec. 24. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43309.

43309. The board may adopt regulations specifying the operations subject to the exception in paragraph (3) of subdivision (b) of Section 40200. The regulations shall prohibit the storing of more than 90 cubic yards of waste in covered containers during any 72-hour period and the transfer of uncontainerized refuse from smaller refuse hauling motor vehicles to larger refuse transfer motor vehicles for transport to the point of ultimate disposal.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43310.

43310. If the board becomes the enforcement agency, it may charge reasonable fees to the local governing body to recover operation costs.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 2 - Powers and Duties of the Board › Section 43310.1.

43310.1. (a) If the board becomes the enforcement agency, on or after January 1, 1995, the local governing body and the board shall enter into an agreement which shall identify the jurisdictional boundaries of the enforcement agency; address the powers and duties to be performed by the board as the enforcement agency, and identify an estimated workload and anticipated costs to the board. The agreement shall also identify the cost recovery procedures to be followed by the board pursuant to Section 43310.
(b) If, after a good faith effort by the board and the local governing body, no agreement is reached between the local governing body and the board within the 90-day period specified in Section 43216, or within 90 days after a local governing body notifies the board of its intent not to designate an enforcement agency pursuant to Section 43203, the board shall make the determinations specified in subdivision (a) that would have been the subject of the agreement.
(c) If the board becomes the enforcement agency for Stanislaus County or Santa Cruz County, the board shall impose fees authorized pursuant to this section directly on the solid waste facilities in those counties, and shall not require the local governing body to impose or collect those fees.
(Added by Stats. 1995, Ch. 952, Sec. 13. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43500.

43500. The Legislature hereby finds and declares that the long-term protection of air, water, and land from pollution due to the disposal of solid waste is best achieved by requiring financial assurances of the closure and postclosure maintenance of solid waste landfills.
(Amended by Stats. 2006, Ch. 538, Sec. 603. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43501.5.

43501.5. (a) In addition to the requirements of this article, and Section 21780 of Title 27 of the California Code of Regulations, a person who is required to file a final closure plan shall also file with the enforcement agency a Labor Transition Plan that includes all of the following:
(1) Provisions that ensure, subject to any requirements already established pursuant to a collective bargaining agreement, preferential reemployment and transfer rights of displaced employees to comparable available employment with the same employer for a period of no less than one year following the closure of the solid waste facility.
(2) Provisions to provide displaced employees assistance in finding comparable employment with other employers.
(3) Provisions to ensure compliance with all applicable provisions of Chapter 4 (commencing with Section 1400) of Part of 4 of Division 2 of the Labor Code.
(b) When submitting the final closure plan, the operator shall submit, in addition to the requirements of subdivision (a), a certification to the board and the enforcement agency that the provisions described in paragraphs (1) to (3), inclusive, of subdivision (a), will be implemented, subject to any requirements already established under a collective bargaining agreement.
(c) For the purposes of this section, “comparable employment” means the same or a substantially similar job classification at equal or greater wage and benefit levels in the same geographic region of the state.
(Added by Stats. 2003, Ch. 823, Sec. 1. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43502.

43502. All documentation relating to the preparation of the closure and postclosure maintenance costs shall be retained by the owner or operator and shall be available for inspection by the board or the enforcement agency at reasonable times.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43503.

43503. The closure plan and the postclosure maintenance plan shall be submitted not later than the first date after July 1, 1990, that the solid waste facilities permit is required to be reviewed or revised pursuant to Section 44015. The closure plans and postclosure maintenance plans shall be included in that review. If the owner or operator intends to close the solid waste landfill on or before September 28, 1992, or if the solid waste landfill does not have sufficient permitted capacity to operate after September 28, 1992, the owner or operator shall submit the plans on or before July 1, 1990, or upon application to become an operator of a solid waste facility pursuant to Section 44001.
(Amended by Stats. 1992, Ch. 1293, Sec. 18. 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 3 - Closure Plans › Section 43504.

43504. Pursuant to the procedural requirements in Chapter 3 (commencing with Section 44001), the enforcement agency or the board may suspend or revoke a permit if the applicant fails within a reasonable period of time to submit an acceptable plan for the closure of the landfill and an acceptable plan for postclosure maintenance of the landfill.
(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 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43505.

43505. The closure plan and the postclosure maintenance plan may be revised only upon the filing of a written application therefor by the owner or operator, and the approval, or amendment and approval, 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 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43506.

43506. (a) After receiving a complete closure plan and postclosure maintenance plan, the regional water board shall approve or disapprove the plans pursuant to the authority and time schedules specified in Division 7 (commencing with Section 13000) of the Water Code. The board shall incorporate the action of the regional water board and shall only approve plans that include an acceptable mechanism for providing the necessary funds to implement the plans.
(b) In reviewing closure plans and postclosure maintenance plans pursuant to this section, the regional water boards shall review and take action on those portions of the plans which are related to the protection of the waters of the state and the board shall review and take action on the remaining portions of the plans.
(Amended by Stats. 1993, Ch. 656, Sec. 22. Effective October 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 3 - Closure Plans › Section 43507.

43507. The owner and operator shall, regardless of any changes occurring during the continued operation of the landfill, close and maintain the landfill during postclosure in accordance with the most recent closure plan and the most recent postclosure maintenance plan approved by the board pursuant to this article. Upon receipt of the final shipment of solid waste, the most recent closure and postclosure maintenance plan shall become the governing document for the disposal site.
(Amended by Stats. 1995, Ch. 952, Sec. 14. Effective October 16, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 4 - SOLID WASTE FACILITIES › CHAPTER 2 - Solid Waste Handling and Disposal › ARTICLE 3 - Closure Plans › Section 43508.

43508. The board or the enforcement agency may recover any costs incurred in meeting the requirements of this article by charging a fee pursuant to Chapter 8 (commencing with Section 41900) of Part 2.
(Amended by Stats. 1992, Ch. 1293, Sec. 19. 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 3 - Closure Plans › Section 43509.

43509. (a) The board, in consultation with the state water board and in compliance with Section 40055, shall adopt and amend regulations specifying closure plan and postclosure maintenance plan adoption procedures and uniform standards to implement Section 43601. Regulations adopted pursuant to this section shall not include standards and requirements contained in regulations adopted by the State Water Resources Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. The regulations shall also require solid waste landfill owners or operators to calculate, and periodically revise, cost estimates for closure and for postclosure maintenance, for as long as the solid waste could have an adverse effect on the quality of the waters of the state, but not less than 30 years after closure unless all wastes are removed in accordance with federal and state law.
(b) The board may adopt regulations that authorize the adoption of both preliminary and final closure and postclosure maintenance plans. Regulations for preliminary closure and postclosure maintenance plans may require less specificity and engineering detail than final closure and postclosure maintenance plans, and these regulations shall apply only in those cases in which there is reasonable certainty that the solid waste landfill will not close for at least one year following approval of the plans. Preliminary closure and postclosure maintenance plans shall provide sufficient detail to enable the owner or operator and the board to accurately estimate the costs for closure and postclosure maintenance.
(c) If a solid waste landfill owner or operator has submitted a closure plan and postclosure maintenance plan which satisfies the requirements of this chapter, and which has been approved by the local enforcement agency, the board, and the appropriate regional water board, the plans shall be deemed to have satisfactorily complied with all state requirements for the adoption of a closure plan and postclosure maintenance plan.
(Amended by Stats. 1993, Ch. 656, Sec. 23. Effective October 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 3 - Closure Plans › Section 43510.

43510. (a)The regulations adopted by the board pursuant to this article and Article 4 (commencing with Section 43600) shall not duplicate or conflict with the regulations imposing closure and postclosure maintenance requirements adopted by the state water board which are found in Chapter 15 (commencing with Section 2510) of Chapter 3 of Title 23 of the California Code of Regulations.
(b) On or before June 30, 1995, the board and the state water board shall revise the regulations adopted pursuant to this article and Article 4 (commencing with Section 43600) of this chapter and Section 13172 of the Water Code for the purpose of consolidating the requirements of the board and the state water board for closure and postclosure maintenance into one set of regulations.
(Amended by Stats. 1993, Ch. 656, Sec. 24. Effective October 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 43600.

43600. (a) Except as otherwise provided in subdivision (b), any person owning or operating a solid waste landfill, as defined in Section 40195.1, shall, with the closure plan and postclosure maintenance plan submitted pursuant to subdivision (b) of Section 43501, submit to the board evidence of financial ability to provide for the cost of closure and postclosure maintenance, in an amount that is equal to the estimated cost of closure and 15 years of postclosure maintenance, contained in the closure plan and the postclosure maintenance plan submitted.
(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, any person owning or operating a solid waste landfill, shall, with the closure plan and postclosure maintenance plan submitted pursuant to subdivision (b) of Section 43501, submit to the board evidence of financial ability to provide for closure and postclosure maintenance, in an amount that is equal to the estimated cost of closure and 30 years of postclosure maintenance, contained in the closure plan and the postclosure maintenance plan submitted.
(Amended by Stats. 1996, Ch. 1041, Sec. 14. 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 43601.5.

43601.5. (a) On or before March 1, 1994, the board shall review and revise regulations affecting solid waste landfill closure and postclosure financial assurances adopted in accordance with this article to make the regulations consistent with the requirements established pursuant to Subpart G (commencing with Section 258.1) of Part 258 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations, as amended on October 9, 1991.
(b) In reviewing and revising regulations pursuant to subdivision (a), the board shall, consistent with this division, and with federal law and regulations, endeavor to minimize the costs of compliance with those regulations by the owners and operators of public solid waste landfills and to provide flexible mechanisms for those owners and operators to comply with closure and postclosure financial assurance requirements, in order to ensure that adequate funding will be available for programs and projects that are necessary to comply with the diversion requirements of Section 41780.
(Added by Stats. 1993, Ch. 360, Sec. 1. Effective January 1, 1994.)