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

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AB2695:v94#DOCUMENT

Amended  IN  Senate  June 26, 2008
Amended  IN  Senate  June 12, 2008
Amended  IN  Assembly  April 22, 2008
Amended  IN  Assembly  April 09, 2008
Amended  IN  Assembly  April 01, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2695

Introduced  by  Assembly Member Niello

February 22, 2008

An act to amend Sections 40001, 43209, 45014, and 45024 of, to add Sections 40053.5 and 40144 to, to add Chapter 2.7 (commencing with Section 48300) to Part 7 of, and to add Chapter 8 (commencing with Section 49700) to Part 8 of, Division 30 of, the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 2695, as amended, Niello. Solid waste: enforcement: illegal dumping.
(1) The California Integrated Waste Management Act of 1989 establishes an integrated waste management program administered by the California Integrated Waste Management Board.
The act defines various terms for purposes of the act.
This bill would additionally define “illegal dumping” as meaning to mean the disposal act of disposing of solid waste at a location that is not a permitted solid waste facility or is not otherwise authorized for the disposal of solid waste pursuant to the act and regulations adopted by the board and would define “illegal dump” as meaning a location at which illegal dumping has occurred.
The bill would provide that the act does not limit 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, as specified.
(2) The act allows a local governing body to designate a local enforcement agency, subject to certification by the board, to enforce specified provisions of the act. If a local enforcement agency is not designated and certified, the act requires the board to be the enforcement agency. The act requires an enforcement agency to, among other things, establish and maintain an inspection program designed to determine whether a solid waste facility is operating without a permit, in violation of state minimum standards, 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.
This bill would additionally allow an enforcement agency to include the inspection of illegal dumping activities public awareness activities, enforcement to prevent illegal dumping, and abatement of illegal dumping in its inspection program.
(3) The act prohibits a person from operating a solid waste facility without a permit if that facility is required to have a permit pursuant to the act. The act requires a person who is operating, or proposing to operate, a solid waste facility in violation of the act or permit requirements, upon order of the board or a local enforcement agency, to cease and desist the prohibited activities.
The act authorizes the administrative imposition of civil penalties of up to $5,000 for each day on which a violation of a specified order occurs and up to $10,000 for each day of a violation of the terms or conditions of a solid waste facilities permit, the operation of a solid waste facility without a permit, or the violation of a standard adopted by the board. The act authorizes an attorney authorized to act on behalf of the board or a local enforcement agency to petition a superior court for injunctive relief to enforce a permit or standards adopted by the board and the local enforcement agency. The act also requires the Attorney General, upon request of the board, to seek a preliminary or permanent injunction, or both, for a failure of a person to comply with a final order issued by the board or a local enforcement agency.
This bill would additionally apply those procedures to injunctive relief to enforce, and civil penalties imposed for violations of, specified provisions relating to garbage and refuse disposal.
(4) The act requires the board to initiate a program for the cleanup of solid waste disposal sites and for the cleanup of solid waste at specified hazardous substances release sites where the responsible party cannot be identified or is unable or unwilling to pay for remediation, and where that cleanup is needed to protect public health and safety or the environment. Under that program, the board is authorized to expend funds directly for cleanup, to provide loans to parties that demonstrate the ability to repay state funds, to provide partial grants to public entities to assist in site cleanup, and to abate illegal disposal sites.
This bill would allow the board to establish a grant and loan program to make loans and grants to public agencies and nonprofit organizations to fund local, regional, or statewide illegal dumping enforcement programs to reduce the occurrence of illegal dumping in the state. The bill would allow the board to expend moneys in the Integrated Waste Management Account in the Integrated Waste Management Fund, and other funds, upon appropriation by the Legislature, for the purposes of that program. The bill would require the board to adopt regulations to implement the illegal dumping grant and loan program before making any of these grants or loans.
(5) The act authorizes a local governmental agency to determine aspects of solid waste handling that are of local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and the nature, location, and extent of providing solid waste handling services.
This bill would require the board, by January 1, 2010, to 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


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.
SECTION 1.

The Legislature finds and declares all of the following:

(a)Refuse hauler service providers are an important component of the system for handling solid waste in most communities in California.

(b)Refuse hauler service providers supplement the organized collection, transportation, and disposal of solid waste provided by franchisees by providing fee-based, on-request services to residential dwellings and businesses, including the collection, transfer, and disposal of solid waste.

(c) In some instances, unethical business practices, illegal dumping, and related conditions threaten the public health and safety and the environment and require local regulation of refuse hauler service providers to protect the health, safety, and welfare of the citizens of California.

SEC. 2.Section 40001 of the Public Resources Code is amended to read:
40001.

(a)The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state shall exercise its legal authority in a manner that ensures an effective and coordinated approach to the safe management of all solid waste generated within the state and shall oversee the design and implementation of local integrated waste management plans.

(b)The Legislature further declares that it is the policy of the state to assist local governments in minimizing duplication of effort, and in minimizing the costs incurred, in implementing this division through the development of regional cooperative efforts and other mechanisms which comply with this division.

(c)The Legislature further declares that market development is the key to successful and cost-effective implementation of the 25-percent and 50-percent diversion requirements required pursuant to Section 41780, and that the state must take a leadership role, pursuant to Chapter 1 (commencing with Section 42000) of Part 3, in encouraging the expansion of markets for recycled products by working cooperatively with the public, private, and nonprofit sectors.

(d)The Legislature further 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. 3.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. 4.SEC. 3.

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

40144.
 “Illegal dumping” means the disposal 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. “Illegal dump” means a location at which illegal dumping has occurred.

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) 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.
(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) 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. The inspection program 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 the inspection of illegal dumping activities. 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 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 and Article 6 (commencing with Section 42850) of Chapter 16 of, and Article 4 (commencing with Section 42962) of Chapter 19 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 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 if the amount of the unpaid court filing fee is paid to the court prior to satisfying any of the civil penalty amount. Thereafter, 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.
 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 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. 8.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. 9.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.