Section § 43020

Explanation

This law requires a board to create and update rules for the basic handling and disposal of solid waste, such as garbage collection, composting, and transforming waste into energy. The board needs to make sure these rules do not overlap with existing rules from other authorities that handle air and water pollution.

The board shall adopt and revise regulations which set forth minimum standards for solid waste handling, transfer, composting, transformation, and disposal, in accordance with this division, and Section 117590 of, and Chapter 6.5 (commencing with Section 25100) of Division 20 of, the Health and Safety Code. The board shall not include any requirements that are already under the authority of the State Air Resources Board for the prevention of air pollution or of the state water board for the prevention of water pollution.

Section § 43020.1

Explanation

This law discusses rules for managing nonhazardous wood waste landfills in comparison to other solid waste landfills. It suggests that the board can decide if the rules for nonhazardous wood landfills should be different from those for municipal waste landfills. If a change is needed, the board will update the regulations. The law specifically defines a nonhazardous wood waste landfill as a facility that only takes untreated wood waste like bark and sawdust byproducts, explicitly excluding any wood waste that has been chemically treated. Additionally, the law ensures that any new regulations cannot be less strict than those set by the EPA.

(a)CA Public Resources Code § 43020.1(a) As part of the existing regulatory review process for regulations adopted pursuant to this article, the board may consider whether the operational requirements that apply to nonhazardous wood waste landfills should differ from the operational requirements that apply to other categories of solid waste landfills, such as those used for the disposal of municipal solid waste. If the board determines that the operational requirements that apply to nonhazardous wood waste landfills should differ from the operational requirements that apply to other categories of solid waste landfills, such as those used for the disposal of municipal solid waste, the board shall revise its regulations accordingly.
(b)CA Public Resources Code § 43020.1(b) For the purposes of this section, “nonhazardous wood waste landfill” means a landfill that exclusively accepts untreated bark, sawdust, shavings, and chips that are the byproducts of primary wood product manufacturing and processes that are not used as raw material and that are destined for disposal. “Nonhazardous wood waste landfill” does not include any landfill that accepts chemically treated or adulterated bark, sawdust, shavings, and chips that are the byproducts of primary wood product manufacturing and processes that are not used as raw material and that are destined for disposal.
(c)CA Public Resources Code § 43020.1(c) Nothing in this section is intended to authorize the board to adopt regulations which are less stringent than those adopted by the Environmental Protection Agency pursuant to Part 256 (commencing with Section 256.01) of Title 40 of the Code of Federal Regulations.

Section § 43021

Explanation

This law mandates that regulations must cover standards for the design, operation, maintenance, and eventual reuse of solid waste facilities. However, it does not apply to issues of waste handling or disposal that are strictly local or are managed by air quality boards or water boards.

Regulations shall include standards for the design, operation, maintenance, and ultimate reuse of solid waste facilities, but shall not include aspects of solid waste handling or disposal which are solely of local concern or which are within the jurisdiction of the State Air Resources Board, air pollution control districts and air quality management districts, or the state water board or regional water boards.

Section § 43022

Explanation

This law bans the burning of solid waste at solid waste facilities unless it's for rare cases like burning agricultural and silvicultural waste, landclearing debris, diseased trees, or emergency cleanup debris. Facility owners and operators must follow this rule as of the date specified in federal regulations.

(a)CA Public Resources Code § 43022(a) The open burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency cleanup operations, is prohibited at any solid waste facility.
(b)CA Public Resources Code § 43022(b) The owners and operators of solid waste facilities shall comply with subdivision (a) on and after the effective date of the federal regulations set forth in Subpart C (commencing with Section 258.20) of Part 258 of Title 40 of the Code of Federal Regulations.

Section § 43030

Explanation

This regulation requires the board to create rules for monitoring and controlling landfill gas that moves underground. It must collaborate with other state boards to ensure no conflicts in regulations. The rules will set standards based on how much landfill gas a site can generate, requiring site owners to report and evaluate gas migration. If a site owner follows the local air pollution control rules, they're considered compliant, but they must still follow additional specific rules from this board if needed.

(a)CA Public Resources Code § 43030(a) The board shall adopt regulations that are consistent with Section 40055 governing the monitoring and control of the subsurface migration of landfill gas.
(b)CA Public Resources Code § 43030(b) The board shall consult with the state water board, the State Air Resources Board, and the California Air Pollution Control Officers Association to ensure that the regulations do not conflict with any regulations adopted by the state water board and the State Air Resources Board or air pollution control districts and air quality management districts.
(c)CA Public Resources Code § 43030(c) The regulations adopted by the board pursuant to subdivision (a) shall establish monitoring and control standards, based on the potential of the waste to generate landfill gas, as determined by the board, and shall require owners and operators of disposal sites or disposal facilities to report monitoring data and to perform, or cause to be performed, site inventories and evaluations of disposal sites or disposal facilities for the subsurface migration of landfill gas.
(d)CA Public Resources Code § 43030(d) If an owner or operator of a disposal site or disposal facility is in compliance with requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located, the owner or operator shall be deemed to be in compliance with this section and with any regulations adopted by the board pursuant to this section. However, owners or operators of disposal sites and disposal facilities shall be required to comply with regulations adopted by the board pursuant to this section, which impose requirements not addressed by the requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located.

Section § 43035

Explanation

This section requires the creation of a plan for dealing with waste during emergencies. The board, with help from the Office of Emergency Services, must develop a plan to handle waste so it is stored, processed, or disposed of properly, especially during emergencies. If needed, this waste can go to dump sites, but only as a last resort.

Additionally, the board has the authority to create rules, even emergency ones, to implement this waste management plan effectively.

(a)CA Public Resources Code § 43035(a) The board, in cooperation with the Office of Emergency Services, shall develop an integrated waste management disaster plan to provide for the handling, storage, processing, transportation, and diversion from disposal sites, or provide for disposal at a disposal site where absolutely necessary, of solid waste, resulting from a state of emergency or a local emergency, as defined, respectively, in subdivisions (b) and (c) of Section 8558 of the Government Code.
(b)CA Public Resources Code § 43035(b) The board may adopt regulations, including emergency regulations, necessary to carry out the integrated waste management disaster plan.