History of California Solid Waste Law, 1975-1979

1979 | 1978 | 1977 | 1976

Statutes of 1979

AB 1885 (Rogers and Wyman)–Franchise Terms–Authorized a Board of Supervisors, which adopted an ordinance prior to 7/1/80 granting franchises for the collection, disposal, or destruction of garbage, waste, offal, and debris, to extend the terms of each franchise for one, but not more than one additional period not exceeding 25 years without advertising or calling for bids if: (1) the city ordinance contains rules and regulations for the protection of the public health and welfare and the board of supervisors may control rates, to be increased only by holding a public hearing; (2) the franchise was granted in strict compliance with requirements calling for the advertisement of bids and award to the lowest qualified bidder; (3) the franchise was granted on a nonexclusive basis; and, (4) the city ordinance authorized the city auditor or another qualified certified public accountant to audit the books and records of the franchise holders. (Chapter 566)

Statutes of 1978

AB 3012 (Wray)–Methane Gas Recovery–Required the Board to submit a study to the Legislature and the Governor, by 12/31/79, regarding the feasibility of recovering methane gas from landfills, and required the Board, based upon the findings, to develop a proposed program to implement the maximum feasible recovery of methane gas at landfills within the state. Required the Board, by 3/1/79, to adopt official Board policy regarding the eligibility of methane recovery projects for funding by the California Pollution Control Financing Authority. Authorized the Board to encumber funds from the State Litter, Recycling, and Resource Recovery Fund, not to exceed $75,000 for FY 78-79, for costs of the study, and repealed the authority as of 7/1/83. (Chapter 1007)

AB 3707 (Kapiloff)–Geothermal Drilling Waste–Exempted any person from any provision of the Act when disposing of solid or liquid wastes from drilling for geothermal resources in a sump of two acre feet or less, if the disposal is controlled by Regional Water Quality Control Board waste discharge requirements. (Chapter 1270)

SB 651 (Nejedly)–Litter Control–Revised the State Litter Control, Recycling and Resource Recovery assessments. Appropriated $2 million, or as much as necessary, from the General Fund to the Controller, as a loan to the State Litter Control, Recycling, and Resource Recovery Fund. To terminate 7/1/83. Urgency measure for the tax levy. (Chapter 87)

SB 1855 (Greene)–Solid Waste Conversion Projects–Authorized Joint Powers Authorities, formed for specified solid waste disposal treatment or conversion activities, to issue revenue bonds. Deleted the 1/1/81 deadline for a conversion facility to be operational. Required each county to amend its CoSWMP before implementing a project for a solid waste recovery and conversion facility to include the facility in the plan and define the waste sources for the facility. Also required that, if the waste sources include a portion of one or more counties, that the waste sources be committed for the life of the bonded indebtedness of the project or the permanent termination date of the project, whichever occurs first. Required the Board to disburse funds appropriated for waste-to-energy project proponents for the pre-construction activities of the project, but required the Board to condition disbursement of such funds on the provision of matching funds by the project proponents. Required the Board to establish criteria for the selection of such projects and to report to the Legislature, on 4/1/79 and annually thereafter, on the status of commencing such projects. Required OPR to render maximum support to the proponents of the solid waste resource and conversion facilities projects selected by the Board in obtaining permits necessary for the operation of the project. Deleted the $50 million per quarter limit for financing by the California Pollution Control Financing Authority for solid waste-to-energy projects. Authorized the Board to make grants and loans with the annual balance of the State Litter, Recycling, and Resource Recovery Fund, and expressed legislative intent that the grants and loans supplement and not replace existing funding. Reappropriated $2 million to the Board for encumbrance for pre-construction activities of solid waste conversion projects and deleted specified conditions on the use of such funds. Deleted the limitation on the 1978 appropriation for a loan to the State Litter, Recycling, and Resource Recovery Fund. (Chapter 1011)

SB 2031 (Nimmo)–Hazardous Waste–Deleted the disposal of hazardous waste from the administration of the Board, and required the State Department of Health Services approval of hazardous waste elements in CoSWMPs. (Chapter 1397)

Statutes of 1977

AB 764 (Kapiloff)–County Solid Waste Management Plans–Required any amendment to a CoSWMP to be submitted to each city in the county and provided that the amendment would be deemed approved unless disapproved within 90 days. Required each amendment to be submitted to the Board for approval as to its compliance with state policy. Provided that no new solid waste site may be established unless specified findings are made by the Board, and exempted a site only if an EIR notice of determination is filed. Excluded from the definition of “transfer station” any facility, the principal function of which is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal. (Chapter 564)

AB 1593 (Lockyer)–Hazardous Waste–Revised provisions of the law regarding the use, handling, and disposal of hazardous waste. Provided for the registration of haulers and required the Department of Health to promulgate regulations and recommend methods to promote recycling. Provided for civil penalties. Provided for the issuance of permits by the department for hazardous waste handling, processing, storage, and disposal facilities. Also prohibited the use of nonbiodegradable toxic chemicals in chemical toilets, vessels, or recreational vehicles after 1/1/79. (Chapter 1039)

SB 424 (Nejedly)–Bay Area Solid Waste Management Plan–Required the Association of Bay Area Governments to prepare a regional solid waste management plan for the San Francisco Bay Area, to be based primarily on the CoSWMPs approved by the Board, focusing on those regional issues identified in the plans. Also provided that no reimbursement would be made to cover the costs of the mandate. (Chapter 689)

SB 650 (Nejedly)–Litter Control, Recycling and Resource Conservation Act–Enacted a comprehensive Statewide Litter Control, Recycling, and Resource Conservation Plan, under the direction of the Board and established a related Fund. Authorized the Board to accept grants, gifts, and donations to carry out the purposes of the Act. Imposed an annual assessment on persons holding a seller’s permit under the Sales and Use Tax law. Required the Legislative Analyst to review operations of the Act. To be terminated 7/1/83. Urgency measure for purposes of the tax levy. (Chapter 1161)

Statutes of 1976

AB 1938 (Knox)–Solid Waste Enterprises–Defined “exclusive waste handling services”, “local agency”, “solid waste”, “solid waste enterprise”, and “solid waste handling services.” Made legislative declarations that while local agencies are empowered to furnish solid waste handling services, many parts of the state are served by private solid waste enterprises. Declared it to be in the public interest to foster and encourage solid waste enterprises in order that there will continue to be competent enterprises willing and financially able to furnish needed solid waste handling services at all times.

Authorized a solid waste enterprise to continue service up to five years, when a local agency has authorized the enterprise to provide solid waste handling, and such services have been provided for more than three years; except that if the solid waste enterprise has an exclusive franchise or contract, then service may continue until the unexpired term of the contract or five years, whichever is less. Provided that a solid waste enterprise is subject to these provision only if services of the enterprise are in substantial compliance with terms and conditions of the franchise and meet quality or frequency of service requirements of the local agency. Authorized a local agency to periodically review rates charged by an enterprise and to set the rates. (Chapter 430)

AB 2439 (Z’berg)–Local Enforcement Agencies / Permitting and Enforcement–Established a program for the issuance of permits for the operation of a solid waste facility. Also specified the environmental purposes to be achieved in the issuance and enforcement of such permits, and specified penalties for operating in violation of or without a permit. Created provisions for the designation of a local enforcement agency (LEA) and authorized an LEA to investigate and inspect the operations of solid waste facilities, and to required technical, monitoring or other reports. Authorized the Board to adopt and modify standards governing such operations and facilities, and to modify the standards, and established a procedure for the State Department of Health to object to modification of any standard affecting the public health. Established a detailed procedure for enforcement, denial, revocation, or suspension of permits, including a detailed hearing and appeal process, specified fines for violations, and required any attorney authorized to act on behalf of, or upon the request of, an LEA or the AG or the Board, to petition the Superior Court for injunctive relief for specified violations.

Also specified that an EIR is not required for the issuance of a solid waste facility permit. Authorized an LEA to issue a cease and desist order for the operation of a solid waste facility without or in violation of a permit, and to order cleanup or other remedial actions, and to hold the person responsible civilly liable. Provided for penalties for violation of a solid waste facility permit or any standard adopted by the Board, and directed the disbursement of such penalties — half to the state and half to local agencies. Also enacted technical changes to the Act. (Chapter 1309)

AB 4507 (Egeland)–Siting of Solid Waste Facilities–Prohibited the establishment of a solid waste disposal site without a determination by the county that the distance from the site to the nearest residential structure is in compliance with all state minimum standards for solid waste management, and especially that the distance is sufficient to permit adequate controls of noise, odor, and litter nuisances, traffic congestion, and vectors. Provided that no appropriation or reimbursement shall be made due to duties imposed on local governments, because related costs are incurred as part of normal operating procedures. Urgency measure. (Chapter 749)

SB 1395 (Joint Committee on Job Development)–Board Membership / Solid Waste Conversion Facilities–Increased board membership by including three representatives of the public, appointed by the Governor, and deleted the requirement for specialized education and experience. Deleted the requirement that the member appointed by the Speaker be a registered civil engineer. Provided for a full-time chairman to be designated by the Governor, subject to approval by a majority of the Senate, and to be paid a prescribed salary. Deleted the per diem payment for the chairman and ex officio members for attending board meetings. Also required the Board to select one or more sites for the establishment of a facility for the conversion of solid waste into energy, synthetic fuels, or for the recovery of materials, no later than 7/1/77. Required the Board to submit a plan for establishing a conversion facility and recommendations to the Legislature by 12/31/77. Required the Board to consult with specified entities and required the facility to be operational no later than 1/1/81. Also required the Board to determine the economic feasibility of developing a research and demonstration project for the conversion of agricultural waste to synthetic fuel, and if economically feasible, required the Board to undertake the construction and field demonstration by 7/1/79. Appropriated $250,000 for the project and required the State Energy Resource Conservation and Development Commission to consider an amount not more than $250,000 for the demonstration project. Also declared state policy and legislative intent regarding conversion of solid waste and agricultural waste into energy, synthetic fuels, and recovered material. (Chapter 1246)

SB 1898 (Presley)–Siting of Solid Waste Facilities–Authorized the Board to render technical assistance and make recommendations concerning potential waste disposal sites upon request of the board of supervisors of any county. Authorized the Board to require any state agency to assist the board in providing services related to facility siting, and required the board to reimburse the state for any costs of providing the services. Specified that final selection of any site shall remain with the board of supervisors. (Chapter 719)

For more information contact: Legislative and External Affairs Office, lex.office@calrecycle.ca.gov