Legislation Implementation Guidance

The topics below provide guidance to LEAs in performing their duties as required by legislation. The guidance includes suggested procedures, problem solving approaches, and scientific methods. The guidance is not enforceable in the same manner as regulations because CalRecycle has not adopted it through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6).

AB 274–State Solid Waste Postclosure and Corrective Action Trust Fund (Chapter 318, Statutes of 2009) (Portantino)–This bill authorizes solid waste disposal facility operators to elect to participate in the Trust Fund by paying a quarterly fee based on tons of waste disposed. The Trust Fund would be used to cover the cost of postclosure activities and corrective actions in those situations where owners or operators of solid waste disposal facilities fail to perform necessary actions and all financial assurances are exhausted.

AB 2159–Cease and Desist Orders (Chapter 448, Statutes of 2004) (Reyes)–AB 2159 specified that the prohibition on operating a solid waste facility without a permit includes the operation of a solid waste facility without a required solid waste facilities permit or the operation of a solid waste facility outside the permitted boundaries specified in a solid waste facilities permit. This bill required an enforcement agency to issue a cease and desist order to a person who owns a solid waste disposal site, who is disposing of solid waste, who is operating a solid waste facility, or who is engaged in solid waste handling activities, if the enforcement agency finds that the person does not hold a full solid waste facilities permit authorizing that activity or is not authorized to engage in that activity. The bill required the order issued by an enforcement agency to require the cessation of all activities for which a permit is required until the permit or other authorization is obtained.

AB 2679–Enhanced Enforcement: Local Enforcement Agencies (Chapter 500, Statutes of 2008) (Ruskin) (effective 1/1/09)–This bill makes numerous changes to strengthen and streamline the enforcement provisions under the California Integrated Waste Management Act, including, repealing the automatic stay of an enforcement order, establishing civil and criminal penalties for specific violations of the Integrated Waste Management Act, and authorizing the Board to take any enforcement action currently available to LEAs under certain circumstances.

AB 1497–Permits: Labor Transition Plan and Public Hearing Requirements (Chapter 823, Statutes of 2003) (Montañez)–AB 1497 required applicants for solid waste facilities permits to submit to a local enforcement agency (LEA), with the closure and postclosure plan, a Labor Transition Plan (Plan) and certification that the Plan would be implemented. The bill required LEAs to submit a proposed determination regarding whether a change to a solid waste facility will be approved to the Board for comment, and to hold at least one public hearing on the proposed determination. The bill also required an LEA to submit an appeal of its determination to the Board for comment, and to provide public notice for the appeal. The Board was required to adopt regulations that define the term ‘‘significant change in the design or operation of the solid waste facility that is not authorized by the existing permit’’ to the extent resources are available. Finally, this bill removed the annual $15,000 cap on civil penalties that an LEA may impose for failure to comply with an enforcement or cease and desist order.