Cortese List: Section 65962.5(d)
Information Required From the Local Enforcement Agency and Department of Resources Recycling and Recovery (CalRecycle) Under Government Code Section 65962.5(d):
Section 65962.5(d) requires: “The local enforcement agency, as designated pursuant to
Section 18051 of Title 14 of the California Code of Regulations, shall compile as appropriate, but at least annually, and shall submit to the CalRecycle, a list of all solid waste disposal facilities from which there is a known migration of hazardous waste. CalRecycle shall compile the local lists into a statewide list, which shall be submitted to the Secretary for Environmental Protection and shall be available to any person who requests the information.”
This information is no longer reported to the Secretary by CalRecycle.
AB 1220, the Solid Waste Disposal Regulatory Reform Act of 1993, made changes to state law “to remove all areas of overlap, duplication, and conflict between the [waste management] board and the state water board and regional water boards, or between the [waste management] board and any other state agency……” (Public Resources Code 43101(c)(1).) It further clarified that “the state water board and regional water boards shall be the sole agencies regulating the disposal and classification of solid waste for the purpose of protecting the waters of the state…… .” (Public Resources 43101(c)(2).) Accordingly, the obligation of CalRecycle to compile information from local enforcement agencies regarding hazardous waste migration from solid waste disposal facilities under Government Code § 65962.5(d), and to provide the information to CalEPA, was superseded by this subsequent legislation. In addition, any solid waste disposal facilities with a known migration of hazardous waste should be included on the Cortese list pursuant to the requirements of Government Code 65692.5(c)(2) and/or (c)(3).