Statutes of 1984
AB 3525 (Calderon)–Solid Waste Assessment Tests–Required an LEA, a regional water quality control board, an air pollution control district, and the State Department of Health Services to provide a specified statement to the other agencies or board at least ten days before issuing an enforcement order which is not for an emergency, and within 15 days after issuing an enforcement order for an emergency, and within five days after discovering a violation of state or local laws, regulations, or permits concerning a solid waste disposal site which is likely to result in an enforcement action. Required an agency so notified to inspect the facility within ten days to determine if specified laws, regulations, or permits are being violated. Established a procedure to determine which agency would take action concerning a complaint regarding a solid waste disposal site, and required any agency receiving a complaint to take an enforcement action or issue a specified written statement.
Required the SWRCB and the ARB to submit a report to the Legislature, by 7/1/88, 7/1/89, and 7/1/90, with a summary of data from solid waste assessment test (SWAT) reports submitted by January 1 of the preceding year by solid waste disposal sites. Specified the information to be contained in the SWAT reports and required solid waste disposal sites to submit the reports to the SWRCB and ARB by 1/1/87 if the site is one of the first 150 ranked by the regional board, or on a later date as specified. Also specified the procedure for approval of the report and a facility’s monitoring program. (Chapter 1532)
AB 3527 (Calderon)–Financial Assurances–Required the Board to adopt standards and regulations, after 7/1/85 but before 1/1/86, requiring an operator of a solid waste disposal facility, as a condition of permit issuance, modification, or revision, to provide assurance of adequate financial ability to respond to personal injury claims and property damage claims resulting from the facility operations which occur before closure. Required the Board to submit a report to the Legislature, by 7/1/85, regarding financial assurances for solid waste facilities. (Chapter 1408)
AB 3566 (Katz)–Toxic Pits Cleanup Act of 1984–Established a comprehensive program prohibiting the discharge of hazardous waste into surface impoundments. (Chapter 1543)
SB 2292 (Campbell)–Hazardous Waste / Waste-to-Energy–Required an LEA to include a provision in a solid waste facility permit for a conversion facility which would require specified operating procedures to be used to prevent significant quantities of hazardous waste from entering the conversion process, and to ensure that the ash produced is nonhazardous. Also required the Department of Health Services to classify as nonhazardous any fly ash, bottom ash, and flue gas emission control residues generated from the combustion of solid waste or biomass material, if the wastes do not contain significant quantities of industrial sludge or hazardous waste, and if the combustion will be adequately monitored and controlled to prevent the handling or disposal of any waste in a prohibited manner. (Chapter 1160)
Statutes of 1983
AB 1205 (Bates)–Conversion Facilities–Authorized an LEA to suspend or revoke the permit of a solid waste facility designed to convert solid waste from offsite sources into energy or synthetic fuels if the facility utilizes recyclable materials for conversion into energy, and if the local agency in whose jurisdiction the materials are collected requires that recyclable materials within the local agency’s jurisdiction be so converted. Exempted from the definition of “recyclable materials” those materials which a local agency (with jurisdiction over the location of the materials) determines could be potentially harmful to the public health, or which create a public nuisance. Specified that this provision is not to otherwise restrict specified activities of a solid waste facility. (Chapter 186)
AB 1388 (Frazee)–General Plan Consistency–Repealed provisions of law requiring a finding of consistency between a CoSWMP and a general plan before the Board can approve the CoSWMP. Authorized a CoSWMP to reserve, or tentatively designate, a site or potential site for a solid waste facility unless the city or county has defined that, for local planning purposes, the site is an incompatible land use subject to its local land use authority. Required a tentative site designation to be removed from the CoSWMP if a city or county fails to make a consistent designation in its general plan, or makes a finding that the site should not be used for a solid waste facility, or if the Board refuses to concur in the issuance of the permit.
Authorized the Board to concur in the issuance of a solid waste facility permit for the expansion of a solid waste facility without making the consistency finding, if the expansion meets specified criteria. Provided that, notwithstanding any other provision of law, the expansion of a solid waste facility is subject to the planning and zoning authority of the city or county. Prohibited the Board from concurring in the issuance of a permit for the establishment or expansion of a solid waste facility without making a consistency finding, or without the county making the finding, and required the finding to be made for a new or expanded facility. Required an LEA to certify that a permit is consistent with the applicable city or county general plan and standards prior to forwarding a copy of the proposed solid waste facility permit to the Board. Urgency measure. (Chapter 1225)
AB 1920 (Papan)–Hazardous Waste / Solid Waste–Excluded hazardous waste from the definition of “solid waste.” (Chapter 679)
Statutes of 1982
AB 2906 (Lehman)–Revisions to the Act and the Board–Renamed the “State Solid Waste Management Board” as the “California Waste Management Board” and revised the membership to no longer require that appointed members who are city council members or members of boards of supervisors represent municipalities with specified populations. Deleted the requirement that the Director of the State Department of Health Services, the Director of Food and Agriculture, and the Chief of the Division of Mines and Geology of the Department of Conservation serve on the Board as nonvoting ex officio members.
Repealed provisions requiring a county to amend its COSWMP to include waste-to-energy projects, and deleted the authority of the Board to identify waste sources for such facilities. Prohibited an LEA from issuing, and the Board from concurring in the issuance of, a solid waste facility permit to any stationary project designed to convert solid waste from offsite sources into energy or synthetic fuels until the LEA makes specified findings, including that the project is consistent with the CoSWMP and the state’s solid waste management policy, and that the project as a defined and guaranteed source of quantities of waste. Specified that facilities for the recovery of methane gas are not subject to these provisions.
Authorized a local agency to enter into an agreement with other local agencies or into a contract with a business entity for construction of facilities for the conversion of solid waste into energy, synthetic fuels or reusable materials. Authorized a county sanitation district to use refuse disposal fees for refuse transfer or disposal systems if the system is for a conversion facility. Defined “recycling” as the process of sorting, cleaning, treating, and reconstituting waste or other discarded materials for the purpose of using the altered form. Also required the Board to study the effects of defining the source of wastes for stationary conversion projects. (Chapter 1158)
AB 3141 (Wright)–Hazardous Waste–Prohibited operators of solid waste disposal facilities or storage facilities from accepting, treating, or storing for more than 90 days at an onsite facility, or 96 hours at an offsite facility, or disposing of, hazardous waste, unless the operator holds a hazardous waste facility permit. Made legislative declarations, and required a report to the Legislature. (Chapter 1121)
AB 3302 (Chacon)–Permitting / Facility Siting–Required a CoSWMP to include an implementation schedule, by 1/1/84, defined as including approximate dates for the implementation of plan policies and programs, and the establishment, expansion, and closure of a solid waste facility site. Deleted the requirement that a regional planning agency be recognized by the Council of Intergovernmental Relations. Prohibited the Board from approving a CoSWMP, or revision or amendment thereto, unless the county and city in which a site is located, makes a finding that the plan is consistent with all applicable city or county general plans, including the siting of any solid waste facility. Also required a finding that the land uses authorized in the general plan adjacent to and near the site are compatible with the establishment and expansion of the site. Prohibited the Board from permitting the establishment or expansion of a site for a solid waste facility unless the consistency finding is made by the city or county.
Also prohibited an LEA from issuing or revising a solid waste facility permit unless the city or county in which the site is located has issued a land use permit authorizing the establishment or expansion of the site. Prohibited a city or county from issuing a land use permit unless a public hearing has been noticed and held. Also provided that nothing limits the authority of a city or county to amend its general plan to remove the designation of a site for a solid waste facility. Also prohibited a city or county from authorizing any land use adjacent to or near a site designated for a solid waste facility which would restrict or preclude the establishment or expansion of the solid waste facility or site. Required the city in which a site is located to make the finding, already required of a county, that the distance to the nearest residential structure is in compliance with state minimum standards before a solid waste facility may be established. Also provided that no appropriation or reimbursement would be made by the state for the mandates in the measure. (Chapter 1468) [Some provisions superseded by AB 3433 (Kapiloff)]
AB 3433 (Kapiloff)–Permitting / Facility Siting–Required a CoSWMP to include an implementation schedule by 7/1/84. Required the Board, by 1/1/89, to review the adoption, application, and cost of the implementation schedules and report the findings to the Legislature. Also deleted the requirement that a regional planning agency be recognized by the Council on Intergovernmental Relations.
Prohibited the Board from concurring in an LEA’s grant of a solid waste facility permit unless the city or county makes a finding that the site is consistent with the city’s or county’s general plan, and would require that finding to be made under specified conditions. Required a city or county to deem an area zoned for a solid waste facility site and designated to produce an alternative source of energy as consistent with the general plan. Prohibited an LEA from issuing, modifying or revising a solid waste facility permit unless the city or county has issued a land use permit authorizing the establishment or expansion of the site, and unless the LEA makes a finding that the permit is consistent with the applicable general plan. Prohibited a city or county from authorizing any land use adjacent to or near a designated site for a solid waste facility which would restrict or preclude the establishment or expansion of the facility or site. Prohibited a city or county from issuing a land use permit for a solid waste facility without noticing and holding a public hearing. Also provided that these provisions do not limit the authority of a city or county to remove the designation of a site by amending the general plan.
Declared the intention of the Legislature to resolve landfill siting controversies by mediation and required the Board to encourage all parties to a landfill siting controversy to enlist the services of an impartial third party mediator to resolve the controversy. Authorized county and regional planning agencies to adopt a schedule of fees, payable by operators of solid waste facilities, to pay for the costs incurred for the preparation, maintenance, and administration of CoSWMPs, which are reasonable and necessary. Defined terms, declared legislative intent, and made conforming changes. (Chapter 1488) [Some provisions of this bill superseded portions of AB 3302 (Chacon)]
AB 3717 (Lehman)–Recycled Materials–Prohibited a person, except for an authorized recycling agent, from knowingly removing recyclable materials which have been segregated from other waste materials, for the purposes of recycling, and placed at a designated collection location. (Chapter 1475)
AB 3752 (Sebastiani)–Fire Safety–Required solid waste facilities to be maintained in strict accordance with flammable clearance and fireproof container requirements. Made it violation of the specified requirements a misdemeanor with enhanced penalties for a second or subsequent violation within five years. Authorized the Director of the Department of Forestry to establish regulations for storage, disposal, or use of forest products or waste residue, and made it a misdemeanor to allow the accumulation of flammable waste material, with enhanced penalties for a second or subsequent violation within five years. (Chapter 1333)
SB 1346 (Presley)–Local Enforcement Agencies–Limited the application of performance standards, as opposed to state minimum standards, to those solid waste disposal sites for which, as of 1/1/83, the LEA has elected to apply the performance standards. Extended the repeal date for this provision to 1/1/84. Limited the fees imposed by an LEA to the actual cost of the solid waste enforcement activities provided.
Required the approval of the Board before a designated LEA may exercise the power and duties of an enforcement agency, and required the Board to give that approval unless it makes specified findings. Also required the Board to consider the recommendation of the Department of Health Services in approving the designation and accepting the proposed enforcement program. Required the Board to periodically review the LEA and implementation of its program. Required the Board to notify the LEA of the reasons for its findings, and of its intent to withdraw approval of the designation if the corrective action, specified by the Board, is not taken within the specified time (which is not to be less than 30 days). Required another LEA to be designated within 90 days if the Board withdraws its approval, or would require the Board to act as the LEA until a successor is approved.
Added failure to fulfill the terms of a specified compliance schedule to the list of reasons for permit-related sanctions invoked by an LEA. Required the Board to maintain an inventory of solid waste facilities which violate specified standards, to inspect at least 50 percent of the permitted solid waste facilities that receive more than 100 tons of solid waste per day, and at least 25 percent of the other permitted solid waste facilities, every two years. Required LEAs, in cooperation with the Board, to investigate illegal, abandoned or closed disposal sites. Required the Board to make inspections or investigate only if the funding in any fiscal year is specifically approved for those purposes by the Legislature.
Required, until 1/1/89, LEAs to develop a specified compliance schedule for solid waste facilities which violate specified standards to assure that diligent progress will be made to bring the facility into compliance within one year; or, if not in compliance, to revoke the operating permit. Made the unremedied condition prima facie evidence of negligence at a closed or abandoned disposal site not in compliance within the one year period, and would impose on the property owner the burden of proof that the injury was not caused by the condition in any action for damages against him.
Authorized an LEA to recover its costs for compliance enforcement by charging a fee, until 1/1/89. (Chapter 1369)
SB 1874 (Dills)–Cleanup of the Act–Repealed the provision of the Act related to the administration of grants and loans from the Solid Waste Management Fund, and specified requirements for disbursement of funds to projects and activities implemented under the Solid Waste Management and Resource Recovery Act of 1972, including a requirement that the Board, to the maximum extent feasible, awards state financial assistance to those projects and activities which can demonstrate a commitment of matching funds by the proponents, and long-term economic viability. Also deleted requirements that the Board establish requirements for the design, production, and distribution of litter bags. Deleted the requirement that litter receptacles meet minimum standards established by the Board. Made legislative declarations of intent to continue recycling activities. And required that monies appropriated by the 1982 Budget Act for the expenses and equipment of the Board be expended in accordance with the provisions described above regarding matching funds. Urgency measure. (Chapter 1054)
Statutes of 1981
AB 1619 (Levine)–Landfill Gas Migration–Required the Board to undertake a two year study to determine the most effective means of monitoring methane gas release. Also required the Board to develop technical specification for gas migration systems compatible with the maximum recovery of the gas, to formulate maximum concentration standards, and to develop a technical assistance strategy. Required the Board to report to the Legislature by 1/1/84. Appropriated $200,000 from the California Environmental License Plate Fund for the study and authorized the Board to allocate up to $200,000 of resource recovery monies to assist in financing the study. (Chapter 1019)
SB 501 (Boatwright)–Hazardous Waste Facilities–Prohibited a city or county from taking any action to prohibit or unreasonable regulate the disposal, treatment, or recovery of resources from hazardous wastes or solid wastes at any existing hazardous waste facility. Also provided that a local governing body shall not take specified action related to hazardous waste facilities which accept both hazardous and solid waste so as to prohibit or unreasonably regulate the operation, disposal, treatment, or recovery of resources from solid wastes at such facilities. Urgency measure. (Chapter 244)
Statutes of 1980
AB 2454 (McVittie)–Solid Waste Handling by Local Agencies–Authorized local public agencies which provide for the collection, disposal, or destruction of garbage or refuse to provide the services themselves or have the services provided by another local agency or private enterprise. Also provided that each local governmental agency may determine all aspects of solid waste handling which are of local concern, and determine whether such services are to be provided by means of nonexclusive, or partially or wholly exclusive franchise, contract, license, permit or otherwise. (Chapter 504)
AB 3171 (Frazee)–Conversion Facilities–Authorized local agencies to contract for facilities which conform to CoSWMPs for the conversion of solid waste into energy, synthetic fuels, or reusable materials, and to finance such facilities with revenue bonds or otherwise. (Chapter 584)
SB 261 (Nejedly)–Solid Waste Management Act of 1980–Changed the name of the “Litter Control, Recycling, and Resource Recovery Act of 1977” to the “Solid Waste Management Act of 1980.” Provided that five members of the Board constitute a quorum, and deleted a superseded requirement for election of a chairman by the members. Deleted a termination date of 7/1/83 for a biennial report on market factors involving recovered materials. Codified an existing requirement for the Legislative Analyst to submit a specified solid waste management report to the Legislature annually by December 1. Redesignated the “State Litter Control, Recycling, and Resource Recovery Fund” as the “State Solid Waste Management Fund” (SWMF) and deleted the continuous appropriation for the Fund. Provided for expenditures from the Fund contingent upon appropriation by the Legislature.
Changed the authorized expenditure of 30 percent of the Fund for cleanup of recreational lands and public thoroughfares by cities and counties to 32 and 1/2 percent to be available to cities and counties and designated public agencies and private entities for specified purposes related to litter for the purpose of promoting sound solid waste management. Changed the authorized expenditure of 20 percent for grants and loans for research and development of resource recovery projects to 27 and 1/2 percent to be expended for the state resource recovery program, detailed in the bill. Changed the authorized expenditure from the Fund for recycling centers from 25 percent to 30 percent to be available for grants and loans. Specified requirements for the grant and loan applications, and priorities and administration of grants and loans for resource recovery and recycling centers. Also required a specified report to the Legislature on the allocation and use of the funds. Provided for 7 and 1/2 percent of the Fund to be used for litter law awareness and compliance. Deleted grants based on 5 percent of the Fund for litter law enforcement as of 6/30/80. Deleted the 2 and 1/2 percent to be expended for litter receptacles. Deleted 5 percent of the Fund for recoverable material utilization. Deleted the 5 percent appropriation for research and administration support of the grants and loans program, maintenance of specified solid waste management plans, and surveys of composition and rate of deposit of litter and solid waste.
Authorized the Board to specify in regulation types of places where litter receptacles shall be placed, and required that minimum standards for litter receptacles apply only to newly placed ones. Deleted authority of the Board to set standards for size, location, and frequency of emptying. Recodified all litter provisions into the Solid Waste Management Act. Also authorized, rather than required, the Board to purchase and distribute litter bags. Made violation of the Litter Act an infraction with an increased fine, rather than a misdemeanor. (Chapter 364)
SB 1087 (Dills)–Garbage Fees–Authorized a garbage district in LA County to prescribe, revise, and collect fees and charges for the purpose of defraying the costs of disposing garbage and maintaining the district. Specified the procedure for imposing the service fee, including a vote on the question of whether the district should be authorized to prescribe fees. Urgency measure. (Chapter 164)
SB 1601 (Schmitz)–Minimum Standards for Periodic Cover–Required the Board, no later than 1/1/81, to adopt performance standards as an alternative to state minimum standards for periodic cover, and authorized an LEA to apply either the state minimum standards or the alterative standards to solid waste disposal sites within its jurisdiction. Provided that, if the board failed to adopt the performance standards by 1/1/81, the daily cover requirements for the active face of a disposal site may, at the discretion of the LEA, be determined solely by the LEA. Required an LEA to make a finding that such daily coverage requirements are adequate to effectively prevent flies, rodents, or other vectors, to control landfill fires and litter, and to prevent the creation of nuisances. Provided that no collection vehicle shall be required to travel on the active face of a disposal site. Repealed as of 1/1/83. (Chapter 635)
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