2007 California Public Resources Code Article 2. Powers And Duties Of The Board
CA Codes (prc:43300-43310.1)
PUBLIC RESOURCES CODE
43300. The board, when acting in its capacity as an enforcement
agency, may enforce all provisions of this division, and the
regulations adopted thereto, for the protection of the environment
and the public health and safety, and from nuisance.
43300.5. The enforcement policies of this division shall be applied
equally and without distinction to publicly owned or operated, and
to privately owned or operated, solid waste facilities.
43301. The board shall coordinate action in solid waste handling
and disposal with other federal, state, and local agencies and
43302. The board may request enforcement by appropriate federal,
state, and local agencies of their respective laws governing solid
waste storage, handling, and disposal.
43303. The board shall develop, implement, and maintain inspection,
enforcement, and training programs.
43304. The board shall adopt an enforcement program consisting of
regulations necessary to implement this division and the standards
adopted pursuant thereto. The enforcement program shall include a
description for carrying out the permit and inspection program
pursuant to Chapter 3 (commencing with Section 44001).
43305. The board may, as it deems necessary, establish specific
local standards for solid waste handling and disposal after
consultation with the local governing body. However, the standards
shall be consistent with this division and all regulations adopted by
43306. The board shall keep and maintain records of its inspection,
enforcement, training, and regulatory programs and of any other
official action in accordance with regulations adopted by the board.
43307. The board shall consult with the appropriate local health
agency concerning all actions which involve health standards. The
consultation shall include granting the health agency adequate notice
and opportunity to conduct and report any evaluation that it
reasonably deems appropriate.
43308. For those facilities that accept only hazardous wastes and
to which Chapter 6.5 (commencing with Section 25100) of Division 20
of the Health and Safety Code applies, or that accept only low-level
radioactive wastes and to which Chapter 8 (commencing with Section
114960) of Part 9 of Division 104 of the Health and Safety Code
applies, or for those facilities that accept both, the board shall
have no enforcement or regulatory authority. Except as otherwise
provided in Section 40052, all enforcement activities for those
facilities relative to the control of hazardous wastes shall be
performed by the Department of Toxic Substances Control pursuant to
Article 8 (commencing with Section 25180) of Chapter 6.5 of Division
20 of the Health and Safety Code, and all enforcement activities for
those facilities relative to low-level radioactive wastes shall be
performed by the State Department of Health Services pursuant to
Chapter 8 (commencing with Section 114960) of Part 9 of Division 104
of the Health and Safety Code.
43309. The board may adopt regulations specifying the operations
subject to the exception in paragraph (3) of subdivision (b) of
Section 40200. The regulations shall prohibit the storing of more
than 90 cubic yards of waste in covered containers during any 72-hour
period and the transfer of uncontainerized refuse from smaller
refuse hauling motor vehicles to larger refuse transfer motor
vehicles for transport to the point of ultimate disposal.
43310. If the board becomes the enforcement agency, it may charge
reasonable fees to the local governing body to recover operation
43310.1. (a) If the board becomes the enforcement agency, on or
after January 1, 1995, the local governing body and the board shall
enter into an agreement which shall identify the jurisdictional
boundaries of the enforcement agency; address the powers and duties
to be performed by the board as the enforcement agency, and identify
an estimated workload and anticipated costs to the board. The
agreement shall also identify the cost recovery procedures to be
followed by the board pursuant to Section 43310.
(b) If, after a good faith effort by the board and the local
governing body, no agreement is reached between the local governing
body and the board within the 90-day period specified in Section
43216, or within 90 days after a local governing body notifies the
board of its intent not to designate an enforcement agency pursuant
to Section 43203, the board shall make the determinations specified
in subdivision (a) that would have been the subject of the agreement.
(c) If the board becomes the enforcement agency for Stanislaus
County or Santa Cruz County, the board shall impose fees authorized
pursuant to this section directly on the solid waste facilities in
those counties, and shall not require the local governing body to
impose or collect those fees.
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