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<br /> PUBLIC RESOURCES CODE s
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<br /> mine that the terms and conditions of solid waste minimum standards. To the extent it is practicable
<br /> tR the board shall incorporate in this inventory 4,
<br /> facilities permits are being complied with. to do so, :
<br /> ,The inspection shall be made with the consent of existing information collected in the course of pre-
<br /> war or possessor of the facilities or, if consent vious surveys of this type
<br /> board by state,and similar and local
<br /> formation
<br /> The o P made available to
<br /> is refused, with a warrant duly issued pursuant to agencies.
<br /> Title 13 (commencing with Section 1822.50) of Part a g
<br /> ( )
<br /> b Whenever a solid waste facility is proposed to
<br /> a of the Code of Civil Procedure. However, in the be included in the inventory, the board shall give
<br /> event of an emergency affecting the public health or
<br /> ins notice thereof by certified mail to the disposal site >
<br /> safety,an inspection may be made without consent owner and the operator of the solid waste facility. If,
<br /> or the issuance of a warrant. within 90 days of that notice, the violation has not ar
<br /> (Added by Stats. 1989,Ch. 1095,sec.22.) been corrected, the solid waste facility shall be
<br /> 44102. Upon the request of any person furnish- included in the inventory. The board shall update
<br /> ing any report, notice, application, or other docu- and publish the inventory twice annually.
<br /> P
<br /> went required by this chapter, the enforcement (Added by Stats. 1989,Ch. 1096,Sec.22.)
<br /> agency or the board shall not make available for 44105. (a) The board shall maintain an inven-
<br /> r inspection by the public those portions of the report, tory of all permitted solid waste facilities end shall =;
<br /> notice, application, or other document which con- conduct regular inspections.
<br /> "? tain trade secrets as defined in subdivision (3) of (b) The board shall establish a special unit to
<br /> Section 499c of the Penal Code. investigate illegal, abandoned, or closed solid waste
<br /> However, the portions of a report, notice, appli- disposal sites to ensure that public health and safety
<br /> cation,or other document shall be made available to and the environment are adequately protected.
<br /> governmental agencies for the use in making re- {Added by Stats. 1989,Ch. logs,sec.22.)
<br /> ports and to the state or any state agency in judicial
<br /> review for enforcement proceedings involving the 44106. (a) The enforcement agency shall de-
<br /> person furnishing the report. velop a compliance schedule for a solid waste facility
<br /> Nothing in this section prohibits the disclosure of included in the inventory prepared pursuant to
<br /> information pursuant to Chapter 3.5 (commencing Section 44014.The compliance schedule shall ensure
<br /> with Section 6250) of Division 7 of Title 1. that diligent progress will be made to bring the solid
<br /> (Added by Scats. 1989,Ch. 1095,Sec.22.) waste facility into compliance with state minimum "
<br /> 44103. a For those facilities which accept only standards within one ear of the date to which ,
<br /> ( ) actual notice is received that the solid waste facility
<br /> hazardous wastes, or which accept only low-level was included in the inventory.
<br /> radioactive wastes, or which accept both, a solid (b) If the solid waste facility is not in compliance ,
<br /> waste facilities permit issued by the enforcement within that period, the enforcement agency shall
<br /> agency is not required. A single hazardous waste revoke the operating permit of the solid waste
<br /> facilities permit or low-level radioactive waste facil facility until.the violations of state minimum Stan-
<br /> ithe State Department of
<br /> ties permit issued by dards are remedied. If a closed or abandoned dis-
<br /> Health Services pursuant to Article 9 (commencing osal site is not in compliance within the one-year
<br /> with Section 25200). of Chapter 6.5 or Chapter 7.6 period, the unremedied condition is rima facie !
<br /> (commencing with Section 25800) of Division 20 of P p
<br /> Health and Safety Code shall be the-only waste evidence of negligence; and, in any action for
<br /> the H damages against the owner of the property for
<br /> facilities permit or permits necessary for the use and injury, caused by the unremedied condition, the
<br /> operation of hazardous waste or low-level radioac- burden of proving that the injury was not caused by
<br /> tive waste disposal facilities. the unremedied condition shall be on the owner of
<br /> (b) For those facilities which accept both hazard- the property,
<br /> ous wastes and other solid wastes, two permits shall (c). The enforcement agency may recover any
<br /> be required, as follows: costs incurred pursuant to this section by charging
<br /> (1) The hazardous waste facilities permit issued the fee authorized by Section 41900.
<br /> by the State Department of Health Services pursu-
<br /> ant to Article 9 (commencing with Section 25200) of
<br /> (Added by Stats. 1989,Ch. 1095,Sec.22.)
<br /> Division 20 of the Health and Safety Code. Article 3. Other Requirements
<br /> (2) The solid waste facilities permit issued by the (Article 3 added by Stats. 1989,Ch. 1095,Sec.22)
<br /> enforcement agency pursuant to this chapter.
<br /> (c) Nothing in this section limits or supersedes 44150. (a) The enforcement agency shall not
<br /> any other permit or licensing requirements imposed issue or revise a solid waste facilities permit for any
<br /> by other provisions of law. project which proposes to use transformation, as 1
<br /> (Amended by Stats. 1990, Ch. 1355, Sec. 37. Effective defined in Section 40201,unless the project complies
<br /> September 27, 1990.) with all of the following conditions:
<br /> fnven-
<br /> 44104. (a) The board shall maintain an (1) The proposed project meets all of the require-
<br /> cified in Section 44017.
<br /> tory of
<br /> solid waste facilities which violate state ments spe
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