Solid waste: enforcement agencies.

(1) Existing law, the California Integrated Waste Management Act of 1989 (act) , provides for the designation of an enforcement agency under specified procedures, including by the board of supervisors of a county for purposes of the county, by the county and the cities within the county pursuant to a joint exercise of powers agreement, by a city council for purposes of the city, or by the board of supervisors of a county for purposes of the unincorporated area of the county. Existing law requires the Department of Resources Recycling and Recovery to prepare and adopt certification regulations for local enforcement agencies. This bill would provide that the enforcement agency, when exercising the authority or fulfilling the duties specified in certain provisions of the act, would be deemed to be carrying out a state function governed by the act. The bill would also provide that, in carrying out this state function, the enforcement agency would be deemed to be independent from the local governing body and the enforcement agency's actions would not be subject to the authority of the local governing body. The bill would also provide that if an enforcement agency is authorized or required to take an action by a state law or local ordinance and that action is not otherwise authorized or required by certain provisions of the act, the enforcement agency would, with regard to that action, be governed only by that local ordinance or state law. (2) Existing law requires enforcement agencies to perform specified functions with regard to solid waste handling and the issuance and enforcement of solid waste facilities permits, including establishing and maintaining an enforcement program. Existing law allows the enforcement agency to establish specific local standards for solid waste handling and disposal and requires these standards to be consistent with the act. This bill would require those specific local standards for solid waste handling and disposal to be incorporated into the enforcement agency's enforcement program and approved by the department. (3) Existing law requires the enforcement agency, when issuing or revising a solid waste facilities permit, to ensure that primary consideration is given to protecting public health and safety and preventing environmental damage and that the long-term protection of the environment is the guiding criterion. This bill would authorize the enforcement agency, when issuing or revising a solid waste facilities permit, to impose those terms and conditions on a solid waste facilities permit that it deems necessary and appropriate to govern the design and operation of the solid waste facility, for purposes of implementing those policies specified above. (4) Existing law requires an enforcement agency to hold a hearing upon a petition regarding an alleged failure to act as required by law. This bill would instead require the enforcement agency to hold that hearing upon a petition alleging a failure to act pursuant to specified provisions of the act, or the regulations adopted pursuant to specified provisions of the act, thereby imposing a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.