Solid Waste Management - AB 1273 (WOODS)

Sponsor: IWMB
Release Date: July, 1997
Contact: Diane Richardson, Cal/EPA's Legislative Director at (916) 322-7315 or below

SUMMARY:

This bill would make a number of technical, code clean-up clarifications within the Public Resources Code (PRC) in areas related to solid waste management or programs administered by the Integrated Waste Management Board (IWMB).

BACKGROUND:

The Integrated Waste Management Board implements various portions of the Public Resources Code related to permitting of solid waste management facilities and to recycling of solid wastes. Some recent amendments to the statutory sections administered by the IWMB have been imprecise or technically deficient.

PROBLEM:

Public Resources Code solid waste management statutes need cleanup and technical corrections due to drafting errors. This bill would provide for those corrections.

ANALYSIS:

Most of these technical corrections come from two areas -- cleanup of prior legislation AB 59 (Chapter 952, Statutes of 1995) and AB 626 (Chapter 1038, Statutes of 1996), and correction of hearing panel cross-references. AB 59 moved the text of PRC Section 45300 to PRC Section 45005. This text relates to cease and desist orders for hazards, pollution, or nuisances. In the move, the language in the former PRC Section 45300 (b) was inadvertently deleted. This bill would add the deleted language back into the Public Resources Code. The enactment of AB 626 posed similar problems. When sections were repealed, added, and renumbered, parts of the original language was inadvertently deleted and errors occurred in code section referrals.

Some of the proposed changes correct inaccurate hearing panel cross-references. When the IWMB is acting as an enforcement agency, the appropriate hearing panel is the IWMB hearing panel established pursuant to PRC Section 44309. When a local agency is acting as the enforcement agency, the appropriate hearing panel is the local hearing panel established pursuant to PRC Section 44308. AB 1273 would correct those cross-references.

Additionally, this bill would delete obsolete statutory text governing used oil recycling programs (the Used Oil Recycling Act and the Used Oil Collection Demonstration Program). These programs have been superseded by the California Oil Recycling Enhancement (CORE) Act (PRC Sections 48600-48695).

CONTACT:

Patty Zwarts, Assistant Director
Legislative and Regulatory Affairs
Integrated Waste Management Board
Telephone (916) 255-2206

Daniel McCarroll, Mgr.
Integrated Waste Management Board
Legislative Affairs
Telephone (916) 255-2206