Laserfiche WebLink
SB 2221 —2— --3 SB 2221 <br /> Chapter 1095 provided that those provisions prevail over the 1 environmental impacts will result from the continuance <br /> conflicting substantive changes to the solid waste laws in the 1 2 of operations. <br /> provisions of Chapter 1095. 3 (3) The continuance of operations will be consistent <br /> Existing law allows an enforcement agency to be 4 with and will not significantly prevent or substantially <br /> designated within each county to carry out provisions 5Sept it 41ieOvement of the requirements prescribed in <br /> rregulating solid waste facilities. Aft. 6 <br /> This bill would authorize. n enforcement agency 7 (b) A compliance order issued pursuant to this <br /> i to approve a compliance o7ler, as defined, permitting the 8 section shall not become- effective 11,"t11 the enforcement <br /> continuance of operations with respect to specified solid 9 agency has submitted the compliance order to the board <br /> waste facilities with permits approved on or before January 1, 10 for coneurr rice pursuant to Section 44009, the <br /> 1990 11 compliance order as been concurred Ira by the ,board, <br /> ' 12 and the board, leased upon substantial evidence iia the <br /> wo�a requireWeboard�inix��Mxa��� 13 record, concurs in the findings required to be made by <br /> annually to determine if it needs changes, as specified. 14 the enforcement agency under subdivision (a). <br /> (2) The bill would declare that it is to take effect 15 (c) Any request for a compliance order under <br /> immediately as an urgency statute. 16 subdivision (a) shall be made by the operator and the <br /> 1 Vote: %. Appropriation: no. Fiscal committee: yes. 17 enforcement agency and shall be accompanied by <br /> State-mandated local program: yes. AMk 18 detailed information supporting the findings required to <br /> 19 be made by the bettfd eizforceMent agency in subdivision <br /> The people of the State of California do enact as follows. 220 1 (a). <br /> > jo T4je <br /> 1 SECTION 1. Article 4 (commencing with Section 22 (d) The enforcement agency shall place conditions in <br /> 2 43050) is added to Chapter 1 of Part 4 of Division 30 of the 23 each compliance order which are specifically directed to <br /> 3 Public Resources Code, to read: 24 i the identified factors of necessity therefor and to the <br /> 4 25 correction of the individual standards or terms or <br /> 5 Article 4. Interim Permitting and Operations 26 conditions of the affected permit, including a schedule <br /> 6 27 which requires the operator to cause the solid waste <br /> 7 43050. (a) The beard An enforcement agency may 28 facility to be brought into compliance at the earliest <br /> 8 approve a compliance order permitting the continuance 29 feasible time.The conditions shall require the operator of <br /> 9 of operations with respect to a solid waste facility, the 30 the solid waste facility to fully mitigate any significant <br /> 10 permit for which was approved on or before January 1, 31 adverse impacts to public health or the* environment <br /> 11 1990, as to individual standards adopted pursuant to this Am .32 caused by the continuance of operations. <br /> 12 division or terms or conditions of permit regarding which W 33 J* The beftpd sly eemply with Seetam 45200 te <br /> 13 the operator is in noncompliance, only if, based upon 34 art 01.e time of <br /> ex <br /> 14 substantial evidence in the record, the 35 ee 8� <br /> v15 enforcement agency makes findings that: e}{ tl <br /> 16 (1) The continuance of operations is necessary for 7 (e) Nothing in this section limits or abridges the <br /> z 17 public health and safety or for the rotect" of the authority of the board to impose penalties pursuant to <br /> 18 environment, and. 9 Article 2 (commencing with Section 45211p) of Chapter I <br /> 19 (2) No significant adverse health, safety, or of fart 5. <br />