reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 1 - Legislative Findings and Definitions › Section 47003.

47003. The Legislature, therefore, declares that the state should assist the efforts of local governments and other agencies to provide safer disposal methods for household hazardous waste and to provide public information on the proper disposal of hazardous substances commonly found in and around homes.
(Repealed and added by Stats. 1990, Ch. 35, Sec. 50. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 1 - Legislative Findings and Definitions › Section 47004.

47004. For purposes of this chapter, “hazardous waste” has the same meaning as defined in Section 25117 of the Health and Safety Code, and “hazardous substance” has the same meaning as defined in subdivision (a) of Section 78075 of the Health and Safety Code.
(Amended by Stats. 2022, Ch. 258, Sec. 120. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 2 - Public Information Program › Section 47050.

47050. The board shall, in consultation with the Department of Toxic Substances Control, develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. The program may include information, consistent with product labeling, on the proper use and storage of products which contain hazardous substances and on safer substitutes for products which contain hazardous substances.
(Amended by Stats. 1992, Ch. 1346, Sec. 6. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 2 - Public Information Program › Section 47051.

47051. The public information program shall be designed to provide uniform responses to public inquiries about household hazardous substances, and to assist the efforts of counties required to provide household hazardous waste collection, recycling, and disposal programs pursuant to Sections 47100 and 47101, and local agencies authorized to provide these programs.
(Repealed and added by Stats. 1990, Ch. 35, Sec. 55. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 2 - Public Information Program › Section 47052.

47052. The public information program shall include the development of pamphlets or other written materials which could be used by local agencies in conjunction with household hazardous waste collection or other programs which these agencies may or are required to offer. The written materials shall be prepared with the intent of promoting consistency in how these local programs define and handle household hazardous wastes.
(Repealed and added by Stats. 1990, Ch. 35, Sec. 57. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47100.

47100. After a countywide integrated waste management plan has been revised pursuant to Section 41770, and the revision has been approved pursuant to Sections 41760 and 41800, the county shall implement that portion of the household hazardous waste collection, recycling, and disposal program identified in the plan which serves the population of the unincorporated area of the county, and the cities or other appropriate local agencies within the county shall implement, for their respective jurisdictions, that portion of the household hazardous waste collection, recycling, and disposal program identified in the plan which serves the population of the incorporated area of the county.
(Amended by Stats. 1992, Ch. 1346, Sec. 7. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47101.

47101. Section 47100 does not prohibit a city or county from jointly implementing the household hazardous waste collection, recycling, and disposal program, or another local agency from implementing the program in the county pursuant to the mutual agreement of the local agencies involved in implementing the program.
(Added by Stats. 1990, Ch. 35, Sec. 61. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47102.

47102. The board shall designate a household hazardous waste coordinator to advise and assist local governments and other agencies which offer programs for household hazardous waste management.
(Added by renumbering Section 47100 by Stats. 1990, Ch. 35, Sec. 58. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47103.

47103. The board shall provide technical assistance to local governments and other agencies which establish household hazardous waste management programs.
(Added by renumbering Section 47101 by Stats. 1990, Ch. 35, Sec. 60. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47104.

47104. The board shall prepare, in consultation with the Department of Toxic Substances Control, guidelines and a state policy to guide the efforts of local agencies to provide household hazardous waste collection, recycling, and disposal programs pursuant to this article. The guidelines required by this section shall allow adequate flexibility to local agencies in meeting their individual needs, to the extent that the local agency’s program does not conflict with the state policy prepared pursuant to this subdivision.
(Amended by Stats. 1992, Ch. 1346, Sec. 8. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47105.

47105. The guidelines required by this article shall include all the following elements:
(a) Development of a model operation plan for community household hazardous waste collection, recycling, and disposal programs required to be identified pursuant to this article. The model operation plan shall include a description of proper procedures for hazardous waste handling, storage, transportation, and personnel training.
(b) The establishment of guidelines on the generic types of household hazardous substances which should be disposed of as hazardous waste, and guidelines on the safe management of hazardous wastes generated by households which may be excluded from household hazardous waste collection programs but which may require some special handling.
(Repealed and added by Stats. 1990, Ch. 35, Sec. 67. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47106.

47106. In establishing guidelines on which products should be disposed of as hazardous waste, the board shall consider such factors as toxicity, concentration of toxic ingredients in a product, and other appropriate factors. The board shall also consider the appropriateness of excluding from any listing of household hazardous wastes specific categories of household products, such as products intended for human consumption, personal hygiene products, and other categories of household products intended for general consumer use.
(Repealed and added by Stats. 1990, Ch. 35, Sec. 69. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47107.

47107. The guidelines and operation plan prepared pursuant to subdivision (a) shall, upon request, be made available to local agencies and the public. The board shall advise county health offices of the availability of these materials and of the informational materials developed pursuant to Article 1 (commencing with Section 47051).
(Added by Stats. 1990, Ch. 35, Sec. 70. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47108.

47108. In developing the guidelines required by this article, the board shall, to the extent feasible, consult existing sources of information, including household hazardous waste collection programs which have been operated in the state and in other states, and industry and academia.
(Added by Stats. 1990, Ch. 35, Sec. 71. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3 - Household Hazardous Waste Management › Section 47109.

47109. Any city or county may, upon a vote of the governing body of the city or county, authorize an increase in solid waste collection fees to offset the cost to the city or county of establishing, publicizing, and maintaining a household hazardous waste collection, recycling, and disposal program implemented pursuant to this article. Any increase in garbage collection fees authorized by this section shall be set at a level to bring in revenues not higher than is necessary to fund the reasonable cost of the household hazardous waste collection, recycling, and disposal program. Where an appropriately licensed private entity is utilized by a city or county, under a permit or existing franchise, to undertake a household hazardous waste collection, recycling, and disposal program, the costs of handling, hauling, and disposing of household hazardous wastes shall be paid through fees or rates charged for service.
(Added by Stats. 1990, Ch. 35, Sec. 72. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.3 - Home-Generated Sharps Waste Collection › Section 47115.

47115. A pharmaceutical manufacturer that sells or distributes a medication in California that is usually intended to be self-injected at home through the use of a hypodermic needle, pen needle, intravenous needle, or any other similar device, shall, on or before July 1, 2010, and annually thereafter, submit to the board, or its successor agency, a plan that describes how the manufacturer supports the safe collection and proper disposal of the waste devices.
(Added by Stats. 2009, Ch. 591, Sec. 1. (SB 486) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.3 - Home-Generated Sharps Waste Collection › Section 47115.5.

47115.5. The plan required pursuant to Section 47115 shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following:
(a) Provide for the safe collection and proper disposal of the waste devices.
(b) Educate consumers about safe management and collection opportunities.
(c) Support efforts by retailers, pharmaceutical distributors, manufacturers of injection devices, and other partners, including local governments, health care organizations, public health officers, solid waste service providers, and other groups with interest in protecting public health and safety through the safe collection and proper disposal of waste devices.
(Added by Stats. 2009, Ch. 591, Sec. 1. (SB 486) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.3 - Home-Generated Sharps Waste Collection › Section 47116.

47116. (a) The manufacturer shall post and maintain a copy of the plans required pursuant to Section 47115 on its Internet Web site.
(b) The board, or its successor agency, shall post and maintain copies of the plans submitted by the manufacturers pursuant to Section 47115 on its Internet Web site.
(Added by Stats. 2009, Ch. 591, Sec. 1. (SB 486) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.5 - Household Hazardous Waste Grants › Section 47200.

47200. (a) The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to cities, counties, or other local agencies with responsibility for solid waste management, and for local programs to help prevent the disposal of hazardous wastes at disposal sites, including, but not limited to, programs to expand or initially implement household hazardous waste programs. In making grants pursuant to this section, the board shall give priority to funding programs that provide for the following:
(1) New programs for rural areas, underserved areas, and for small cities.
(2) Expansion of existing programs to provide for the collection of additional waste types, innovative or more cost-effective collection methods, or expanded public education services.
(3) Regional household hazardous waste programs.
(b) (1) The total amount of grants made by the board pursuant to this section shall not exceed, in any one fiscal year, three million dollars ($3,000,000).
(2) Notwithstanding paragraph (1), the total amount of grants made by the board pursuant to this section may exceed three million dollars ($3,000,000) but shall not exceed six million dollars ($6,000,000), in any one fiscal year, if sufficient funds are appropriated from the Integrated Waste Management Account for this purpose.
(Amended by Stats. 2007, Ch. 542, Sec. 2. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.5 - Household Hazardous Waste Grants › Section 47201.

47201. The board shall adopt regulations for implementation of this article, including, but not limited to, criteria for selecting grant recipients.
(Added by Stats. 1993, Ch. 656, Sec. 37. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.5 - Household Hazardous Waste Grants › Section 47202.

47202. All expenses incurred by the board in carrying out this article shall be payable from the account. No liability or obligation is imposed upon the state pursuant to this part, and the board shall not incur any 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. 37. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 3.5 - Household Hazardous Waste Grants › Section 47203.

47203. Upon appropriation by the Legislature, the board shall allocate, from the account, an amount not to exceed sixty thousand dollars ($60,000), to the Hazardous Waste Control Account, for expenditure for the 1993–94 fiscal year, to the Department of Toxic Substances Control, for the development and maintenance, jointly with the board, of a data base of all household hazardous waste collection events, facilities, and programs within the state. On and after July 1, 1994, upon appropriation by the Legislature, the board shall allocate an amount from the account of not more than sixteen thousand three hundred dollars ($16,300) in each fiscal year for that purpose.
(Added by Stats. 1993, Ch. 656, Sec. 37. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 1 - Household Hazardous Substance Information and Collection › ARTICLE 4 - Liability › Section 47550.

47550. A city, county, or local agency operating a household hazardous waste collection, recycling, and disposal program in accordance with Article 3 (commencing with Section 47100), and in accordance with Article 10.8 (commencing with Section 25218) of Chapter 6.5 of Division 20 of the Health and Safety Code, is not liable for any damage or injury caused by an action taken by the city, county, or local agency, or an employee or authorized agency of the city, county, or local agency, in the course of the operation of the program, unless the action is performed in bad faith or in a negligent manner. For purposes of this section, it shall be presumed that the action is performed in good faith and without negligence, and this presumption shall affect the burden of proof.
(Amended by Stats. 1996, Ch. 647, Sec. 4. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 1 - The Integrated Waste Management Fund › Section 47901.

47901. (a) All revenues received by the board shall be deposited in the specified account in the fund. Any revenue received by the board for which no account is specified shall be deposited in the Integrated Waste Management Account created by Section 48001 in the fund. The board may establish or modify other subaccounts in the account, as appropriate and necessary for proper administration.
(b) Any funds remaining in the Solid Waste Disposal Site Cleanup and Maintenance Account in the Integrated Waste Management Fund shall be transferred to the Integrated Waste Management Account in the Integrated Waste Management Fund, consistent with Section 16346 of the Government Code.
(c) Any expenditures charged to the Solid Waste Disposal Site Cleanup and Maintenance Account in the fund shall be transferred to the Integrated Waste Management Account.
(Amended by Stats. 1993, Ch. 656, Sec. 38. Effective October 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 1 - The Integrated Waste Management Fund › Section 47902.

47902. Notwithstanding Section 16475 of the Government Code, all interest earned and other increment derived from the investment of revenues in an account in the Integrated Waste Management Fund shall be deposited in that account.
(Amended by Stats. 1992, Ch. 1293, Sec. 29. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48000.

48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which is based on the amount, by weight or volumetric equivalent, as determined by the Department of Resources Recycling and Recovery, of all solid waste disposed of at each disposal site.
(b) (1) The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 1995–96 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton.
(2) On and after July 1, 2012, the amount of the fee established by the Department of Resources Recycling and Recovery pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the department that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1 (commencing with Section 48010).
(c) The Department of Resources Recycling and Recovery shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b).
(d) The Department of Resources Recycling and Recovery and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article.
(e) (1) The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after July 1, 2012, unless the Department of Resources Recycling and Recovery receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010.
(2) The Department of Resources Recycling and Recovery shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1).
(Amended by Stats. 2010, Ch. 417, Sec. 1. (AB 1004) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48001.

48001. The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund.
(Amended by Stats. 2009, Ch. 318, Sec. 2. (AB 274) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48001.5.

48001.5. (a) The revenue from the fees paid pursuant to paragraph (2) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the State Solid Waste Postclosure and Corrective Action Trust Fund, which is hereby created in the State Treasury.
(b) Fees, revenues, and all interest earned shall be available to the board, upon appropriation by the Legislature, to carry out the purposes of Article 2.1, including all of the following:
(1) Corrective action and postclosure activities pursuant to subdivision (b) of Section 48011.
(2) Administrative costs incurred by the board in implementing Article 2.1.
(3) Any startup costs incurred by the board in implementing Article 2.1 that were incurred before fees were paid pursuant to paragraph (2) of subdivision (b) of Section 48000.
(Added by Stats. 2009, Ch. 318, Sec. 3. (AB 274) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48002.

48002. The state board shall adopt rules and regulations to carry out Section 48000, including, but not limited to, provisions governing collections, reporting, refunds, and appeals.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48003.

48003. The state board may not spend more than
1
/
2
percent of the total revenues deposited, or anticipated to be deposited, in the account during a fiscal year for the administration of this chapter during that fiscal year.
(Amended by Stats. 2003, Ch. 742, Sec. 8. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48004.

48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, for the following purposes:
(1) The administration and implementation of this division by the Department of Resources Recycling and Recovery.
(2) The state water board’s and regional water boards’ administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites.
(b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met.
(c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery.
(Amended by Stats. 2010, Ch. 718, Sec. 20. (SB 855) Effective October 19, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48005.

48005. Unless otherwise specified, all money received by the board shall be deposited in the Integrated Waste Management Account and shall be used by the board, upon appropriation by the Legislature, for the purposes for which it was collected or, if not expressly specified for a particular purpose, for the purposes of this division, except Part 6 (commencing with Section 46000), which shall be funded by fees pursuant to Section 46801.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48006.

48006. The board may exempt from all fees any operator of a solid waste landfill that receives less than a monthly average of five tons per operating day of solid waste.
(Added by Stats. 1989, Ch. 1095, Sec. 22.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48007.

48007. (a) Recycled materials and inert waste removed from the waste stream and not disposed of in a solid waste landfill shall not be included for the purpose of assessing fees imposed pursuant to Section 48000.
(b) For purposes of this section, and only for the purpose of determining whether fees shall be imposed pursuant to Section 48000, “inert waste removed from the waste stream and not disposed of in solid waste landfills” includes the use, disposal, or placement of solely inert waste on property where surface mining operations, as defined in Section 2735, are being conducted, or have been conducted previously, as long as the use, disposal, or placement is for purposes of reclamation, as defined in Section 2733, pursuant to either of the following:
(1) A reclamation plan approved pursuant to Section 2774.
(2) For surface mining operations conducted prior to January 1, 1976, an agreement with a city or county, or a permit issued by a city or county, that provides for a fill appropriately engineered for the planned future use of the reclaimed minesite.
(c) For purposes of this section, “inert waste” means rock, concrete, brick, sand, soil, and cured asphalt only. In addition, inert waste does not include any waste that meets the definition of “designated waste” as defined in Section 13173 of the Water Code or “hazardous waste” as defined by Section 40141.
(d) This section shall remain operative until the operative date of the regulations adopted by the board pursuant to Section 48007.5 and, as of the January 1 following that operative date, this section is repealed, unless a later enacted statute deletes or extends the dates on which it becomes inoperative and is repealed.
(Amended (as amended by Stats. 1999, Ch. 600, Sec. 6) by Stats. 2001, Ch. 811, Sec. 1. Effective January 1, 2002. Inoperative on date prescribed by its own provisions. Repealed on January 1 after inoperative date, by its own provisions. See later operative version, as amended by Sec. 2 of Ch. 811.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48007.

48007. (a) Recycled materials and inert waste removed from the waste stream and not disposed of in a solid waste landfill shall not be included for the purpose of assessing fees imposed pursuant to Section 48000.
(b) This section shall become operative on the operative date of the regulations adopted by the board pursuant to Section 48007.5.
(Amended (as added by Stats. 1999, Ch. 600, Sec. 7) by Stats. 2001, Ch. 811, Sec. 2. Effective January 1, 2002. Section operative on date prescribed in subd. (b).)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48007.5.

48007.5. (a) On or before January 1, 2004, the board shall adopt and file with the Secretary of State, pursuant to Section 11346.2 of the Government Code, regulations that establish an appropriate level of oversight of the management of construction and demolition waste, and the management of inert waste at mine reclamation sites.
(b) For purposes of this section, “inert waste” has the same meaning as defined in subdivision (c) of Section 48007, as that section read on January 1, 2002.
(Added by Stats. 2001, Ch. 811, Sec. 3. Effective January 1, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2 - Management of the Fund › Section 48008.

48008. (a) Any operator of a solid waste landfill that pays a fee pursuant to this chapter may impose on its users an administrative fee of not more than 5 percent of the fees paid to the State Board of Equalization during the previous quarter pursuant to Section 48000.
(b) Administrative fees imposed pursuant to subdivision (a) shall reflect, to the extent feasible, the actual costs of collecting and accounting for fees paid to the State Board of Equalization.
(Amended by Stats. 1990, Ch. 1355, Sec. 57. Effective September 27, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.1 - State Solid Waste Postclosure and Corrective Action Trust Fund › Section 48010.

48010. (a) (1) An owner of a landfill for which evidence of financial ability is maintained pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, whose landfill is operating on January 1, 2012, and that elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to this article, shall submit written notice to the Department of Resources Recycling and Recovery on or before January 1, 2012.
(2) Except as provided in paragraph (3), an owner of multiple landfills that elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund is required to submit written notice that includes all of the owner’s operating landfills and all other landfills in which that owner has in common ownership.
(3) A landfill with multiple owners may participate only if all owners of that landfill elect to participate. Participation of a landfill with multiple owners shall not obligate a partial owner of that landfill to include any other landfill at which that owner has full or partial ownership.
(4) The Department of Resources Recycling and Recovery shall provide to the state board the name and address, and any other information necessary to administer and collect the fee imposed pursuant to paragraph (2) of subdivision (b) of Section 48000, of every owner of a landfill electing to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund on or before February 29, 2012.
(b) If an operator that is operating a landfill on January 1, 2012, submits a written notification to the Department of Resources Recycling and Recovery that it elects to participate after the trust fund fee goes into effect, the operator shall pay all trust fund fees applicable from July 1, 2012, and a 5-percent penalty before being allowed to participate.
(c) For new landfills that receive a solid waste facility permit after January 1, 2012, the owner’s election to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund shall be submitted in writing to the Department of Resources Recycling and Recovery before the department concurs in the issuance of the permit pursuant to Section 44009.
(d) All elections to participate made by landfill owners pursuant to this section are final, binding, and irrevocable for those owners and their successors and assignees.
(Amended by Stats. 2010, Ch. 417, Sec. 2. (AB 1004) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.1 - State Solid Waste Postclosure and Corrective Action Trust Fund › Section 48012.

48012. After January 1, 2016, as part of the annual report required pursuant to Section 40507, the Department of Resources Recycling and Recovery shall report on expenditures from the State Solid Waste Postclosure and Corrective Action Trust Fund, the status of cost recovery actions, and any recommended statutory changes that are necessary to ensure adequate resources are available to carry out the purposes of the State Solid Waste Postclosure and Corrective Action Trust Fund.
(Amended by Stats. 2010, Ch. 417, Sec. 3. (AB 1004) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.1 - State Solid Waste Postclosure and Corrective Action Trust Fund › Section 48013.

48013. Except as provided in paragraph (3) of subdivision (a) of Section 48010, an owner of multiple landfills for which evidence of financial ability is maintained pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4 and whose landfills are operating on January 1, 2012, shall include all other landfills in which that owner has in common ownership in the letter of participation.
(Amended by Stats. 2010, Ch. 417, Sec. 4. (AB 1004) Effective January 1, 2011.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.5 - Solid Waste Disposal and Codisposal Site Cleanup Program › Section 48020.

48020. (a) For purposes of this article, the following terms have the following meaning:
(1) “Codisposal site” means a hazardous substance release site listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code, where the disposal of hazardous substances, hazardous waste, and solid waste has occurred.
(2) “Trust fund” means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Section 48027.
(b) The board shall, on January 1, 1994, initiate a program for the cleanup of solid waste disposal sites and for the cleanup of solid waste at codisposal sites where the responsible party either cannot be identified or is unable or unwilling to pay for timely remediation, and where cleanup is needed to protect public health and safety or the environment.
(c) The board shall not expend more than 5 percent of the funds appropriated for the purpose of the program by a statute other than the Budget Act to administer that program, unless a different amount is otherwise appropriated to administer the program in the annual Budget Act. If a different amount is appropriated to administer the program in the annual Budget Act, it shall be set forth in a separate line item. All remaining funds appropriated for purposes of the program shall be expended on direct cleanup pursuant to subdivision (b) or emergency actions at solid waste facilities, disposal sites, sites involving solid waste handling, and for solid waste at codisposal sites.
(Amended by Stats. 2022, Ch. 258, Sec. 121. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.5 - Solid Waste Disposal and Codisposal Site Cleanup Program › Section 48021.

48021. (a) In prioritizing the sites for cleanup pursuant to Section 48020, the board shall consider the degree of risk to public health and safety and the environment posed by conditions at a site, the ability of the site owner to clean up the site without monetary assistance, the ability of the board to clean up the site adequately with available funds, maximizing the use of available funds, and other factors as determined by the board.
(b) (1) In administering the program authorized by Section 48020, the board may expend funds directly for cleanup, provide loans to parties who demonstrate the ability to repay state funds, and provide partial grants to public entities, to assist in site cleanup.
(2) The board may expend funds directly for the cleanup of a publicly owned site only if the board determines that the public entity lacks resources or expertise to timely manage the cleanup itself.
(3) In addition to the criteria specified in subdivision (a), in considering partial grants that provide greater than 50 percent of the funds directly for cleanup, the board shall consider the amount of contributions of moneys or in-kind services from the applicant; the availability of other appropriate funding sources to remediate the site; the degree of public benefit; the presence of innovative and cost-effective programs to abate or prevent solid waste problems to be addressed by the grants; and other factors as determined by the board.
(c) (1) In addition to the expenditures specified in subdivision (b), the board may expend a portion of the funds appropriated for the program to abate illegal disposal sites.
(2) For the purposes of this subdivision, the board may provide grants to public entities.
(3) Where funds are provided by the board to address illegal disposal sites within a jurisdiction, the local enforcement agency shall provide ongoing enforcement to prevent recurring illegal disposal at the site.
(4) For the purposes of this subdivision, an activity to remove or abate solid waste disposed into a municipal storm sewer is eligible to receive a partial grant, if the grant is used for solid waste cleanup, solid waste abatement, or any other activity that mitigates the impact of solid waste, and an ongoing program is established to prevent recurring solid waste disposal into the municipal storm sewer.
(d) In developing and implementing the program, the board shall consult with certified local enforcement agencies and the regional water boards.
(Amended by Stats. 2006, Ch. 762, Sec. 2. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.5 - Solid Waste Disposal and Codisposal Site Cleanup Program › Section 48022.

48022. The Legislature finds and declares all of the following:
(a) Pursuant to the legal framework and definitions pertaining to solid waste contained in this division, the board and the local enforcement agencies have general authority and responsibility for responding to environmental conditions at solid waste disposal sites to ensure protection of the public health and safety and the environment.
(b) The definitions of “solid waste,” “solid waste disposal,” and “solid waste landfill” establish some of the parameters for the general authority and responsibility of the board and the local enforcement agencies.
(c) The Solid Waste Disposal and Codisposal Site Cleanup Program established under this article establishes a mechanism for funding the cleanup of solid waste disposal sites and the solid waste at codisposal sites under specified conditions and circumstances.
(d) A burn dump site is a solid waste disposal site and, as such, is a site that is eligible for funding pursuant to the program, provided all other criteria for program eligibility are met.
(e) Pursuant to the Health and Safety Code, the Department of Toxic Substances Control has general jurisdiction, authority, and responsibility regarding hazardous substance release sites.
(f) Pursuant to the Water Code, the State Water Resources Control Board and the regional water quality control boards have general jurisdiction, authority, and responsibility regarding protection of the waters of the state, including, but not limited to, solid waste and hazardous waste discharges.
(g) Most burn dump sites impact multiple media. Burn dump sites usually contain hazardous substances and, therefore, most can be characterized generally as hazardous substance release sites. Burn dump sites also contain predominantly solid waste and, therefore, can be characterized generally as solid waste disposal sites. Some burn dump sites impact, or have the potential to impact, waters of the state.
(h) Burn dump sites are presumed to be solid waste disposal sites, subject to the general authority and responsibility of the board and the local enforcement agencies. In addition to this general presumption, it is the intent of the Legislature to require that the procedures set forth in Section 48022.5 be followed to ensure that hazardous substances and hazardous wastes at burn dump sites are adequately characterized and safely managed and remediated in consultation with, or under the direct oversight of, the department or the appropriate regional water quality control board, or both.
(Added by Stats. 2002, Ch. 589, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.5 - Solid Waste Disposal and Codisposal Site Cleanup Program › Section 48023.

48023. (a) If the board expends any funds pursuant to this article, the board shall, to the extent feasible, seek repayment from responsible parties in an amount equal to the amount expended, a reasonable amount for the board’s cost of contract administration, and an amount equal to the interest that would have been earned on the expended funds.
(b) In implementing this article, the board is vested, in addition to its other powers, with all the powers of an enforcement agency under this division.
(c) The amount of any cost incurred by the board pursuant to this article shall be recoverable from responsible parties in a civil action brought by the board or, upon the request of the board, by the Attorney General pursuant to Section 40432.
(Amended by Stats. 2007, Ch. 130, Sec. 216. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 7 - OTHER PROVISIONS › CHAPTER 2 - Finances › ARTICLE 2.5 - Solid Waste Disposal and Codisposal Site Cleanup Program › Section 48023.5.

48023.5. (a) In addition to the remedies authorized under Section 48023, any costs or damages incurred under this article by the board constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The lien shall attach regardless of whether the responsible party is insolvent. A lien imposed under this section shall arise at the time costs are first incurred by the board with respect to a remedial action at the site.
(b) A lien established under this section shall be subject to the notice and hearing procedures required by due process of the law. Prior to imposing the lien, the board shall send the property owner via certified mail a “Notice of Intent to Place A Lien” letter. This letter shall provide that the owner, within 14 calendar days from the date of receipt of the letter, may object to the imposition of the lien either in writing or through an informal proceeding before a neutral official. This neutral official shall be the board’s executive director or his or her designee, who may not have had any prior involvement with the site. The issue before the neutral official shall be whether the board has a reasonable basis for its determination that the statutory elements for lien placement under this section are satisfied. During this proceeding the property owner may present information or submit documents, or both, to establish that the board should not place a lien as proposed. The neutral official shall assure that a record of the proceeding is made, and shall issue a written decision. The decision shall state whether the property owner has established any issue of fact or law to alter the board’s intention to file a lien, and the basis for the decision.
(c) The board may not be considered a responsible party for a remediated site merely because a lien is imposed under this section.
(d) A lien imposed under this section shall continue until the liability for the costs or damages incurred under this article, or a judgment against the responsible party, is satisfied. However, if it is determined by a court that the judgment against the responsible party will not be satisfied, the board may exercise its rights under the lien.
(e) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. The lien shall contain a legal description of the real property that is subject to, or affected by, the remedial action, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll.
(f) All funds recovered under this section on behalf of the board’s solid waste disposal and codisposal site cleanup program shall be deposited in the Solid Waste Disposal Site Cleanup Trust Fund established under Section 48027.
(Added by Stats. 2002, Ch. 625, Sec. 16. Effective September 17, 2002.)