Today's Law As Amended


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AB-2695 Solid waste: enforcement: illegal dumping.(2007-2008)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares that illegal dumping abatement, enforcement, and public awareness programs should be included among the services provided by state and local integrated waste management programs and the state should coordinate illegal dumping programs.

SEC. 2.

 Section 40053.5 is added to the Public Resources Code, to read:

40053.5.
 This division, rule, or regulation adopted pursuant to this division, is not a limitation on the power of a city, county, or district to impose and enforce any conditions or restrictions on, or abate the effects of, illegal dumping or any other disposal or abandonment of solid waste at a location that violates a local ordinance or regulation, if the conditions or restrictions do not conflict with or impose lesser requirements than the policies, standards, and requirements of this division and all regulations adopted pursuant to this division.

SEC. 3.

 Section 40144 is added to the Public Resources Code, to read:

40144.
 “Illegal dumping” means the act of disposing of solid waste at a location that is not a permitted solid waste disposal facility or that is not otherwise authorized for the disposal of solid waste pursuant to this division or regulations adopted by the board.

SEC. 5.SEC. 4.

 Section 43209 of the Public Resources Code is amended to read:

43209.
 The enforcement agency, within its jurisdiction and consistent with its certification by the board, shall do all of the following:
(a) Enforce applicable provisions of this part, regulations adopted under this part, and terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001).
(b) Request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and disposal.
(c) File with the board, upon its request, information the board determines to be necessary.
(d) Develop, implement, and maintain inspection, enforcement, permitting, and training programs.
(e) (1)  Establish and maintain an enforcement program consistent with regulations adopted by the board to implement this chapter, the standards adopted pursuant to this chapter, and the terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001). The enforcement agency may establish specific local standards for solid waste handling and disposal subject to approval by a majority vote of its local governing body, by resolution or ordinance. Those standards shall be consistent with this division and all regulations adopted by the board. 
(2) The enforcement agency may establish specific local standards for solid waste handling and disposal subject to approval by a majority vote of its local governing body, by resolution or ordinance, if those standards are incorporated into the enforcement program specified in paragraph (1) and are approved by the department.
(3) A standard established pursuant to this subdivision shall be consistent with this division and all regulations adopted by the board.
(f) Keep and maintain records of its inspection, enforcement, permitting, training, and regulatory programs, and of any other official action in accordance with regulations adopted by the board.
(g) (1) Consult, as appropriate, with the appropriate local health agency concerning all actions which involve health standards.
(2) (g)  The consultation required by this subdivision  Consult, as appropriate, with the appropriate local health agency concerning all actions which involve health standards. The consultation  shall include affording the health agency adequate notice and opportunity to conduct and report the evaluation as it reasonably determines is appropriate.
(h) Establish and maintain an inspection program.
(1) The inspection program required by this subdivision shall be designed to determine whether any solid waste facility is operating under any of the following:
(A) The facility is operating without a permit.
(B) The facility is operating in violation of state minimum standards.
(C) The facility is operating in violation of the terms and conditions of its solid waste facilities permit.
(D)  The facility may pose a significant threat to public health and safety or to the environment, based on any relevant information.
(2) (h)  Establish and maintain an inspection program.  The inspection program established pursuant to this subdivision  shall be designed to determine whether a solid waste facility is operating without a permit, or in violation of state minimum standards, or in violation of the terms and conditions of its solid waste facilities permit, or may pose a significant threat to public health and safety or to the environment, based on any relevant information. The inspection program  shall also ensure frequent inspections of solid waste facilities that have an established pattern of noncompliance with this division, regulations adopted pursuant to this division, or the terms and conditions of a solid waste facilities permit. The inspection program may include public awareness activities, enforcement to prevent the illegal dumping of solid waste, and the abatement of the illegal dumping of solid waste.

SEC. 6.SEC. 5.

 Section 45014 of the Public Resources Code is amended to read:

45014.
 (a) Upon the failure of a person to comply with a final order issued by a local enforcement agency or the board, the Attorney General, upon request of the board, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person or persons  from continuing to violate the order or complaint.
(b) An attorney authorized to act on behalf of the local enforcement agency or the board may petition the superior court for injunctive relief to enforce this part, Part 8 (commencing with Section 49000),  a term or condition in a solid waste facilities permit, or a standard adopted by the board or the local enforcement agency.
(c) In addition to the administrative imposition of civil penalties pursuant to this part,  part and  Article 6 (commencing with Section 42850) of Chapter 16 of Part 3,  of,  and Article 4 (commencing with Section 42962) of Chapter 19 of of,  Part 3, an attorney authorized to act on behalf of the local enforcement agency or the board may apply, to the clerk of the appropriate court in the county in which the civil penalty was imposed, for a judgment to collect the penalty. The application, which shall include a certified copy of the decision or order in the civil penalty action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall include the amount of the court filing fee that which  would have been due from an applicant who is not a public agency, and has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. The  entered if the  amount of the unpaid court filing fee shall be  is  paid to the court prior to satisfying any of the civil penalty amount. Thereafter, any a  civil penalty or judgment recovered shall be paid, to the maximum extent allowed by law, to the board or to the local enforcement agency, whichever is represented by the attorney who brought the action.

SEC. 7.SEC. 6.

 Section 45024 of the Public Resources Code is amended to read:

45024.
 Any An  attorney authorized to act on behalf of the board or a local enforcement agency may petition the superior court to impose, assess, and recover the civil penalties authorized by Section 45023. Any penalties  45023 or Part 8 (commencing with Section 49000). Penalties  recovered pursuant to this section shall be paid, to the maximum extent allowed by law, to the board or to the local enforcement agency, whichever is represented by the attorney bringing the action.

SEC. 7.

 Chapter 2.7 (commencing with Section 48300) is added to Part 7 of Division 30 of the Public Resources Code, to read:

CHAPTER  2.7. Illegal Dumping Grant and Loan Program
48300.
 (a) The board may establish an illegal dumping grant and loan program to provide grants and loans to public agencies and nonprofit organizations to fund local, regional, or statewide illegal dumping enforcement programs for the purpose of reducing the occurrence of illegal dumping in the state.
(b) Grants and loans provided by the board pursuant to subdivision (a) may be used for, but shall not be limited to, the following purposes:
(1) Equipment.
(2) Abatement.
(3) Training.
(4) Public education.
(5) Program development.
48301.
 The board shall adopt regulations to implement the illegal dumping grant and loan program described in Section 48300 before making a grant or loan pursuant to that section.
48302.
 The board may expend moneys in the Integrated Waste Management Account in the Integrated Waste Management Fund and other funds as appropriate, upon appropriation by the Legislature, for purposes of providing grants and loans pursuant to Section 48300.

SEC. 8.

 Chapter 8 (commencing with Section 49700) is added to Part 8 of Division 30 of the Public Resources Code, to read:

CHAPTER  8. Model Programs to Reduce Illegal Dumping
49700.
 On or before January 1, 2010, the board shall identify model programs that have been effectively implemented to reduce illegal dumping and identify a variety of funding opportunities for programs to increase public awareness of illegal dumping, abate illegal dumping, and provide for illegal dumping enforcement.