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AB-2257 Nuisance: landfill activities.(2011-2012)

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Amended  IN  Assembly  April 30, 2012
Amended  IN  Assembly  March 15, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2257


Introduced  by  Assembly Member Achadjian

February 24, 2012


An act to add Sections 1102.18 and Section 3482.7 to the Civil Code, relating to nuisance.


LEGISLATIVE COUNSEL'S DIGEST


AB 2257, as amended, Achadjian. Nuisance: landfill activities.

(1)Existing

Existing law defines a nuisance, in part, as anything that is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Existing law authorizes various remedies for nuisances, including remedies to effect abatement and damages. Existing law provides, among other things, that no agricultural activity, operation, or facility, or appurtenances thereof, as defined, in operation for more than 3 years, and conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, shall become a nuisance due to any changed condition in the locality if it was not a nuisance at the time it began, except as specified.
This bill would provide that no landfill waste management activity, operation, or facility, or appurtenances thereof, as defined, in operation for more than 3 years, and conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, shall become a nuisance due to any changed condition in the locality if it was not a nuisance at the time it began, except as specified. Under the bill, in an action or proceeding to abate the use of waste management activities, proof that the waste management activities have been in existence for 3 years will constitute a rebuttable presumption that the activities do not constitute a nuisance.

(2)Existing law requires certain disclosures to be provided to the purchaser of specified residential real property consisting of not less than one or more than 4 dwelling units upon transfer of that property. Among other things, the seller of residential real property who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use, or affected by a nuisance created by that use, is required to give written notice of that knowledge as soon as practicable before transfer of title.

This bill would require the seller of any residential dwelling consisting of not less than one or more than 4 dwelling units that is in close proximity to a landfill activity, operation, or facility, or appurtenances thereof, to give written notice to the purchaser of that real property before transfer of title that the property is subject to the provisions described in (1) above. The bill would require the purchaser to sign the required disclosure.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 1102.18 is added to the Civil Code, to read:
1102.18.

The seller of any residential dwelling that is in close proximity to a landfill activity, operation, or facility, or appurtenances thereof, shall give written notice to the purchaser of that real property before transfer of title that the property is subject to Section 3482.7. The purchaser shall sign the disclosure required pursuant to this section.

SEC. 2.SECTION 1.

 Section 3482.7 is added to the Civil Code, to read:

3482.7.
 (a) No landfill waste management activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, operating in an established zone or district where those activities are permitted, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar landfill waste management operations in the same locality, shall become a nuisance, public or private, due to any changed condition in or about the locality, after it has been in operation for more than three years, if it was not a nuisance at the time it began. In an action or proceeding to abate the use of waste management activities, proof that the activities have been in existence for three years constitutes a rebuttable presumption that the operation of the activities does not constitute a nuisance.
(b) Subdivision (a) shall not apply if the landfill waste management activity, operation, or facility, or appurtenances thereof, obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(c) Subdivision (a) shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the landfill waste management activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any of those provisions.
(d) This section shall prevail over any contrary provision of an ordinance or regulation of a city, county, city and county, or other political subdivision of the state. However, nothing in this section shall preclude a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to a landfill waste management activity, operation, or facility, or appurtenances thereof, and is subject to the provisions of this section consistent with Section 1102.6a.
(e) For purposes of this section, the term “landfill “waste management activity, operation, or facility, or appurtenances thereof” shall include, but not be limited to, a waste management unit at which waste is recycled, composted, diverted, converted into energy, or discharged in or on land for disposal. “Landfill “Waste management activity, operation, or facility, or appurtenances thereof” does not include any surface impoundment, waste pile, land treatment unit, or injection well, or soil amendment.