Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Integrated Waste Management Fee Law

Public Resources Code

Part 4. Solid Waste Facilities

Chapter 3. Permit and Inspection Program

Article 1. Solid Waste Facility Permits

Section 44002.1

44002.1. Temporary solid waste facilities permit. (a) The Legislature finds and declares all of the following:

(1) New trends in solid waste handling and collection practices, such as single-stream collection of recyclable materials, coupled with the regulations adopted by the board that govern solid waste transfer or processing stations and composting facilities, have resulted in the failure of a substantial number of persons carrying out previously unregulated recycling, solid waste handling, and composting activities, to comply with existing law.

(2) As cities and counties undertake greater efforts to increase the diversion of solid waste from landfills, the board anticipates that many new transfer and processing stations and composting facilities will commence operation in California within the next two to five years.

(3) To address these trends, it is necessary to provide a temporary permitting scheme to enable the operators of existing solid waste facilities to obtain temporary permits more quickly than is possible under existing law, in order to protect the public health and safety and the environment.

(b) The board shall adopt emergency regulations pursuant to subdivision (d) to authorize an enforcement agency, upon the board's concurrence, to issue a temporary solid waste facilities permit to a person operating a solid waste transfer or processing station or a composting facility, that, as of January 1, 2008, is required under this division and the regulations adopted by the board pursuant to this division to obtain a solid waste facilities permit, but for which a permit has not been obtained. The regulations adopted by the board shall include all of the following requirements:

(1) That a person desiring to obtain a temporary solid waste facilities permit submit a complete and correct application for the permit to the enforcement agency having jurisdiction no later than 60 days from the effective date of the regulations.

(2) That the date by which a holder of a temporary solid waste facilities permit shall obtain a permanent solid waste facilities permit from the enforcement agency having jurisdiction, or cease the activities for which a solid waste facilities permit is required, be on or before June 30, 2010.

(3) That a facility covered under a temporary solid waste facilities permit have been in operation on or before January 1, 2007.

(4) That the owner or operator of a facility covered under a temporary solid waste facilities permit agree to allow the facility to be inspected, at least monthly, by the enforcement agency.

(c) (1) An enforcement agency shall diligently notify the operators of all facilities within its jurisdiction of the availability of temporary solid waste facilities permits under the regulations adopted pursuant to this section.

(2) The board shall expeditiously review and act on a proposed temporary solid waste facilities permit submitted to it by an enforcement agency. Upon the request of an enforcement agency, the board shall provide assistance to the enforcement agency to expeditiously process applications for temporary solid waste facilities permits.

(d) The regulations adopted by the board pursuant to this section shall be adopted as emergency regulations and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. The board shall file the emergency regulations with the Office of Administrative Law at the earliest feasible date or March 1, 2008, whichever date is earlier. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted by the board pursuant to this section shall remain in effect until July 1, 2010, and on that date shall become inoperative.

(e) This section shall become inoperative on July 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute that is enacted before January 1, 2010, deletes or extends the dates on which it becomes inoperative and is repealed.

History.—Added by Stats. 2007, Ch. 547 (AB 1473), in effect January 1, 2008.