General ProvisionsGeneral Provisions
Section § 40050
This section states that the division of law is officially called the California Integrated Waste Management Act of 1989.
Section § 40051
This law requires the board and local agencies to follow certain practices to manage waste effectively. First, they should prioritize waste management methods in this order: reducing waste at the source, recycling and composting, and finally, safe disposal by transformation and land use if necessary.
Second, they should aim to use all practical ways to reduce, recycle, and compost waste before opting for disposal methods. When waste can't be reduced, recycled, or composted effectively, local agencies are allowed to use safe transformation or land disposal.
Section § 40052
This law focuses on managing solid waste in California by encouraging practices like reduction, recycling, and reuse to save natural resources and protect the environment. It aims to improve how current landfills are regulated and ensure new ones are safe. Additionally, it seeks to streamline the permitting process for waste management facilities and outlines the duty of local governments to create and carry out waste management programs.
Section § 40053
This law allows cities, counties, and districts to create and enforce their own rules on solid waste management facilities to prevent problems like noise or pollution. However, these local rules can't be weaker or contradict existing state laws and policies.
Section § 40054
Section § 40055
This law section explains that California environmental regulations do not limit the authority of state agencies to enforce their specific legal duties. For example, the State Water Board and Regional Water Boards continue to have their enforcement powers under water law, and other agencies retain their specific authority over issues like toxic substances and air quality.
Any enforcement actions taken under the environmental division must align with existing water quality plans and cannot conflict or duplicate state decisions on water quality. Essentially, there should be harmony between this division's actions and water quality standards established by relevant boards.
Section § 40056
This section explains that the regulations in this division of the law don't prevent someone from taking legal action against a nuisance. If you believe something is a nuisance as defined by the Civil Code, you can still sue or seek relief at any time, regardless of these regulations.
Section § 40057
This law states that every local government, like a county, city, or district, responsible for managing trash and recycling must handle all related services. This includes tasks such as reducing waste at the source, recycling, composting, and collecting, transferring, and disposing of trash, whether it's within their area or elsewhere.
Section § 40058
This law outlines how solid waste handling services can be provided. The services can be managed either by the local agency directly, by another local agency, or by a solid waste company.
Section § 40058.5
This law requires the creation of a publicly accessible database that contains franchise agreements between jurisdictions or public agencies and solid waste and recycling haulers. The department is responsible for maintaining this database, which should include direct links to agreements posted by these entities. Public agencies, which can be state agencies, large state facilities, or special districts like school districts, must post their current agreements on their websites and provide the department with the electronic links.
Section § 40059
This law gives counties, cities, and other local government agencies in California the authority to decide how solid waste is handled in their areas. They can determine things like how often trash is collected, the methods used, the service level, and the fees. They can also choose who provides these services, whether through franchises, contracts, licenses, or permits, and can decide if these should involve competitive bidding or not. The local governing body will set the terms and conditions for these services through resolutions or ordinances.
Moreover, this law does not change any existing agreements or permits for solid waste collection that were already in place before this law. This means that any current franchises, contracts, or licenses remain valid.
Section § 40059.1
This law outlines the responsibilities and restrictions related to solid waste diversion in California, particularly concerning indemnity obligations between local agencies and solid waste enterprises. Local agencies must ensure they divert at least 50% of solid waste. If a local agency fails to meet this requirement and a penalty is imposed, the responsibility for this penalty may be shared with the solid waste enterprise, but only in proportion to their fault. Indemnity obligations can't exceed the penalty portion caused by the enterprise's breach or noncompliance.
Furthermore, a local agency cannot enforce an indemnity unless it has actively sought administrative relief, showing good faith effort. Solid waste enterprises aren't liable for indemnities resulting from a local agency's actions or lack thereof. The law confirms such indemnity obligations can't be waived and does not alter existing rights concerning solid waste handling or non-solid waste processing.
Section § 40059.2
This law explains the responsibilities of local agencies in California when they require indemnity from solid waste companies. It highlights the need for these agencies to comply with rules that prevent imposing fees without voter approval, as outlined in Propositions 218 and 26. If a local agency fails to get approval for such fees, solid waste companies can't be forced to cover the local agency's liability for that error. The law also clarifies that these provisions can't be waived and apply only to agreements made from July 1, 2012, onwards.
Section § 40059.3
This law states that cities or counties in California cannot create ordinances to restrict the import of solid waste into a privately owned facility based solely on where the waste comes from. However, it clarifies that these facilities are not required to accept waste from outside their local area. It also does not interfere with agreements or requirements for facilities to reserve space for waste from their local communities. Additionally, it preserves the local government’s authority over land use decisions like planning and zoning.
Section § 40059.4
This section defines what qualifies as an "industrial source" and outlines conditions under which the hauling of food or beverage processing byproducts cannot be restricted by local government contracts or permits. An "industrial source" includes certain registered or exempt entities, as well as beer and distilled spirits manufacturers. The byproducts must come from agriculture or industry, must not include animals or fish, must be separated at the source, not discarded, and used as animal feed for these exemptions to apply.
Section § 40060
This law states that regional water boards in California generally cannot issue permits for new landfills or expand existing ones on land primarily used for gravel or sand mining. However, they can grant exceptions (called variances) if it's proven that waste disposal won't harm state waters, considering factors like soil properties and groundwater levels. A single public meeting can cover both variance and waste discharge requirements. Importantly, no variances for new or expanded landfills are allowed in the Main San Gabriel Groundwater Basin, regardless of other considerations. Local jurisdictions still retain their own legal powers.
Section § 40061
This law requires local agencies that don't charge residents directly or charge less than 90% of solid waste service costs to inform households every three months about their waste. They must share details like the average volume of waste produced by each home, the total monthly cost to handle all household waste, and the cost per household. A ‘residential household’ includes single and multi-family units not paying a significant fee for waste services. Notification can be done through a newspaper at most twice a year, but normally it should be distributed without extra cost to the agency.
Section § 40062
This law section outlines the protection and disclosure rules related to trade secrets in reports, notices, applications, and documents submitted to the board or an enforcement agency. If someone submits information they claim as a trade secret, they must identify it as such. The board will review the claim to determine if the information is indeed a trade secret. If it isn't, the submitter is notified and has 30 days to justify their claim. The board will make a final decision within a specified timeframe and inform relevant parties.
Trade secret information can only be shared with certain public agencies under defined conditions, like in enforcement proceedings. Any information not marked as a trade secret is available to the public unless protected by other laws.
Section § 40063
This law says that if a county in California has fewer than 250,000 people, it can ask the state board and the state water board to work together with the county. They will create and agree on a five-year plan to address environmental issues related to managing solid waste. This plan considers the county's budget and staffing limitations.