2001 Legislative Package

AB 1187 (Simitian)

Solid Waste: Recycling: Tires: Permits: Used Oil
Sponsor: Integrated Waste Management Board

Summary:

This is a non-controversial clean up bill that is intended to make technical and clarifying changes to various sections of the Integrated Waste Management Act (Act).

Background:

Complete Permit Package: Pursuant to Section 44009 of the Public Resources Code (PRC), the 60-day clock (the time in which the IWMB must concur or deny the issuance of a permit proposal submitted by a Local Enforcement Agency) begins ticking when an LEA submits a proposal to obtain a solid waste permit. These proposals are required to contain the terms and conditions the enforcement agency proposes to establish. However, proposals frequently lack sufficient detail as required elsewhere in law.

Goal Measurement for New Cities: The Act requires cities and counties to divert 25% of their solid waste from landfill disposal or transformation by 1995, and 50% by 2000. Under Section 41820.5 of the PRC, the IWMB may grant a time extension from the diversion requirements to a city that is incorporated after 1990. New cities are required to divert 25% within three years from the date the IWMB approves its Source Reduction and Recycling Element (SRRE); and 50% within eight years. This legislative proposal is an effort to make the requirements for diversion consistent between newly incorporated cities and all other jurisdictions by (1) requiring any new city to submit their SRRE within 18 months from the date the city was incorporated [linking Sections 41820.5 and 41791.5 (b)], and (2) allowing new cities to use “an estimated generation amount of solid waste” instead of “all solid waste.”

Amendment to the Oil Recycling Enhancement Act: The Used Oil Recycling Program develops and promotes alternatives to the illegal disposal of used oil by establishing a statewide network of collection opportunities and undertaking outreach efforts to inform and motivate the public to recycle used oil. Major goals of the program include: (1) provide the public with convenient collection locations for used oil, (2) increase the demand for recycled oil products, (3) develop methods to motivate the public to recycle their used oil, and (4) provide grants to local governments, nonprofit organizations and for research and demonstration projects.

Manifest Requirement does not apply to Unregistered Tire Haulers: Tire haulers are currently required to register with the IWMB and to keep a manifest of tires hauled. However, the law inadvertently requires the manifest only if the tire hauler is registered. If the tire hauler is operating unlawfully by not registering, the IWMB cannot take an action for failing to comply with the manifest requirements.

District Attorneys and County Counsels are Required to File Petitions Regarding Tire Violations: Since the inception of the waste tire enforcement program, the Attorney General (AG) has had the responsibility of filing petitions for the IWMB. Due to workloads, the AG has characteristically taken three to six months to assign a deputy to any cases referred for enforcement. Consequently, the IWMB’s ability to address these cases in a timely fashion has been significantly affected.

In 2000, the law was amended by SB 876 (Escutia) to address the problem by also requiring district attorneys and county counsels to file a petition for an injunction when a violator fails to respond to an IWMB cleanup or abatement order. All involved agree that local involvement in this process should not be a mandate, but should instead be permissive and only if the AG is unable to file the petition.

Problem:

Complete Permit Package: Frequently, jurisdictions seeking IWMB solid waste facility permits do not provide adequate information for the IWMB to make its decision.

Goal Measurement for New Cities: Newly established cities lack the historical data used to establish waste reduction goals required by the Act.

Amendment to the Oil Recycling Enhancement Act: The IWMB cannot certify used oil collection centers that exceed the 20 gallons per person per day limit.

Manifest Requirement does not apply to Unregistered Tire Haulers: Existing law inadvertently lets unregistered tire haulers off the hook for carrying waste and used tires and failing to complete a manifest.

District Attorneys and County Counsels are Required to File Petitions Regarding Tire Violations: Existing law puts a local mandate on district attorneys and county counsels to file petitions for the IWMB.

Analysis:

These changes would, in part, establish enhanced collection of used oil and improved tracking of waste and used tires to help free communities from unacceptable human health and ecological risks, ensure efficient use of natural resources, and provide continuous improvement and application of science and technology.

Contact:

Integrated Waste Management Board
(916) 341-6000

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