California

Public Resources Code - PRC

8,181 sections, each with the official text and a plain-English explanation of what it means for you.

• § 3724.6 — The permit application fees established in Sections 3724 and 3724.
• § 3725 — Every person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any well, except a low-temperature geothermal well, shall file with the supervisor an individual indemnit
• § 3725.5 — Any person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any low-temperature well, as defined in Section 3703.
• § 3726 — Any person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of one or more wells at any time, may file with the supervisor one bond for one hundred thousand dollars ($100
• § 3728 — Any individual or blanket indemnity bond issued in compliance with this chapter may, with the consent of the supervisor, be terminated and canceled and the surety be relieved of all obligations thereu
• § 3728.5 — In lieu of the bond required by Sections 3723.
• § 3729 — For the purposes of Section 3728, a well is properly abandoned when it has been shown to the satisfaction of the supervisor that all proper steps have been taken to protect underground or surface wate
• § 3730 — The owner or operator of any well shall keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well.
• § 3731 — The log shall show the character and depth of the formation passed through or encountered in the drilling of the well, the amount, size and weight of casing used, and particularly the location, depth
• § 3732 — The core record shall show the depth, character, and fluid content of cores obtained, so far as determined.
• § 3733 — The history shall show the location and amount of sidetracked casings, tools, or other material, the depth and quantity of cement in cement plugs, the shots of dynamite or other explosives, the result
• § 3734 — The log shall be kept in the local office of the owner or operator and, together with the tour reports of the owner or operator, shall be subject, during business hours, to the inspection of the board
• § 3735 — Upon the completion or abandonment of any well or upon the suspension of operations upon any well, true copies of the log, core record, history, and, if made, true copies of all electrical, physical,
• § 3736 — The owner or operator of any well, or his local agent, shall file with the supervisor a copy of the log, history, and core record, or any portion thereof, at any time after the commencement of the wor
• § 3737 — A well is completed, for the purposes of this chapter, 30 days after it has commenced to produce a geothermal resource unless drilling operations are resumed before the end of the 30-day period.
• § 3739 — Any person engaged in operating any wells wherein high pressures are known to exist, and any person drilling for geothermal resources in any district where the pressures are unknown shall equip the we
• § 3740 — The owner or operator of any well on lands producing or reasonably presumed to contain geothermal resources shall properly case it with watertight and adequate casing, in accordance with methods appro
• § 3741 — The supervisor shall require such tests or remedial work as in his judgment are necessary to prevent damage to life, health, property, and natural resources, to protect geothermal resources deposits f
• § 3742.2 — Any person having drilled a well or wells on state, federal or private lands which are producing or, according to the supervisor, are capable of producing geothermal resources, may, at any time, apply
• § 3743 — (a) An order of the supervisor or a district deputy issued pursuant to this chapter shall provide a clear and concise recitation of the acts or omissions with which the operator is charged.
• § 3744 — (a) Within 30 days from the date of service of an order made pursuant to Section 3743, or if there has been an appeal from the order to the director, within 30 days after service of the decision of th
• § 3745 — The owner of any well producing geothermal resources or injecting fluids associated with geothermal operations shall file with the supervisor, on or before the 30th day of each month, for the last pre
• § 3746 — Before abandoning any well in accordance with methods approved by the supervisor or the district deputy, and under his direction, the owner or operator shall use every reasonable effort and endeavor t
• § 3747 — Before any work is commenced to abandon any well, the owner or operator shall give written notice to the supervisor or the district deputy of the owner’s or operator’s intention to abandon the well an
• § 3748 — The supervisor, or the district deputy, shall before the proposed date of commencing work to abandon such well, furnish to the owner or operator either: (a) A written report of approval of the proposa
• § 3749 — If the supervisor or the district deputy fails to give the owner or operator a written report or request within the specified time, such failure shall be considered as an approval of the proposal to a
• § 3750 — Within 60 days after the completion of abandonment of any well, the owner or operator of the well shall make, in such form as the supervisor or the district deputy may direct, a written report of all
• § 3751 — No person, whether as principal, agent, servant, employee, or otherwise, shall remove the casing or any portion thereof, from any well without first giving written notice to the supervisor or the dist
• § 3752 — (a) (1) Except as otherwise provided in this section, all the well records, including production records, of an owner or operator that are filed pursuant to this chapter are public records for purpose
• § 3753 — Upon receipt by the supervisor or by a district deputy of a written complaint, alleging a condition in violation of this chapter, specifically setting forth the condition complained against, signed by
• § 3754 — Any owner or operator, or employee thereof, who refuses to permit the supervisor or the district deputy, or his or her inspector, to inspect a well or appurtenant facilities, or who willfully hinders
• § 3754.5 — (a) Any person who violates this chapter or any regulation implementing this chapter is subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation.
• § 3755 — The supervisor or his deputy may order the abandonment of any well that has been deserted whether or not any damage is occurring or threatened by reason of said well.
• § 3756 — Whenever the supervisor finds that it is in the interest of the protection of geothermal resources from unreasonable waste, the lessors, lessees, operators, or other persons owning or controlling roya
• § 3757 — Any well hereafter drilled for the discovery and production of geothermal resources, which is located within 100 feet of an outer boundary of the parcel of land on which the well is situated, or withi
• § 3757.1 — Notwithstanding any other provisions of this chapter, where a parcel of land contains one acre or more and all or substantially all of the surface is unavailable for the location of a geothermal well
• § 3757.2 — For the purpose of developing low-temperature geothermal resources, the supervisor may approve the exemption of any low-temperature geothermal well from Sections 3721, 3722, 3723, 3723.
• § 3758 — Where several contiguous parcels of land in one or different ownerships are operated as a single geothermal resources lease or operating unit, the term “outer boundary line” means the outer boundary l
• § 3759 — For the purpose of this chapter, an alley which intersects or lies within any block or other subdivision unit is not a public street or road.
• § 3760 — Each day in which the drilling of any well is carried on, or on which it is permitted to produce geothermal resources in violation of this chapter is a separate nuisance.
• § 3761 — The provisions regarding the location of geothermal resources wells do not apply to any wells producing geothermal resources on the effective date of this act.
• § 3762 — (a) The operator of a well to whom the supervisor or district deputy has issued an order pursuant to this chapter may file a notice of appeal to the director from that order.
• § 3763 — (a) A hearing shall be provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code only in an appeal from an order in the following
• § 3764 — (a) A hearing conducted by the director shall adhere to the following: (1) When an order is not issued as an emergency order, within 30 days from the date of the service of the notice of appeal, the d
• § 3765 — (a) Within 30 days after the close of a hearing conducted by the director, the director shall issue a written decision affirming, setting aside, or modifying the order from which the appeal was taken.
• § 3766 — (a) Following a hearing conducted by the director pursuant to Sections 3764 and 3765 or subdivision (b) of Section 3762, the operator may obtain judicial review of the decision of the director by fili
• § 3767 — When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Divis
• § 3768 — If the operator does not appeal an order, if the operator does not timely seek judicial review of a decision affirming or modifying an order within the time provided in Section 3766, or if the operato
• § 3769 — In any proceeding instituted by the supervisor for the purpose of enforcing or carrying out the provisions of this chapter, or for the purpose of holding an investigation to ascertain the condition of
• § 3770 — Witnesses shall be entitled to receive the fees and mileage fixed by law in civil causes, payable from the Oil, Gas, and Geothermal Administrative Fund.
• § 3771 — In case of the failure or neglect on the part of any person to comply with any order of the supervisor or the director, or any subpoena, or upon the refusal of any witness to testify to any matter reg
• § 3772 — (a) If any person fails to pay any charge or penalty imposed under this chapter at the time that it becomes due and payable, the amount thereof, including penalties and interest, together with any cos
• § 3772.2 — A warrant may be issued by the Controller or his or her duly authorized representative for the collection of any charges, interests and penalty and for the enforcement of any such lien directed to the
• § 3772.4 — The sheriff shall receive, upon the completion of his or her services pursuant to a warrant, and the Controller is authorized to pay to him or her the same fees and commissions and expenses in connect
• § 3772.6 — In the event that the lien of the charges, penalties or interest attaches to real property from which geothermal energy is extracted and more than one parcel of property is included within the lien, t
• § 3773 — The Controller shall, on or before the 90th day following the delinquency of any charge, bring an action in the name of the people of the state, in the county in which the property involved in the ord
• § 3774 — The Attorney General shall commence and prosecute any such action to final judgment.
• § 3775 — In such actions the record of charges, or a copy of so much thereof as is applicable, duly certified by the Controller, showing unpaid charges against any person, is prima facie evidence of the charge
• § 3776 — Payment of the penalties and charges, or the amount of the judgment recovered in the action, shall be made to the State Treasurer, and shall be returned and credited to the Oil, Gas, and Geothermal Ad
• § 3780 — As used in this chapter, an “oil sump” is any open depression or basin in the ground, whether manmade or natural, which contains oil or a combination of oil and water.
• § 3781 — The Legislature hereby finds and declares that it is essential in order to protect the wildlife resources of California that all hazardous exposed oil sumps in this state be either screened or elimina
• § 3782 — The supervisor shall promulgate rules and regulations for the adequate screening of oil sumps to protect wildlife and shall order the closure of any oil and gas production operation maintaining an exp
• § 3783 — Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (a) of Section 1016 of the Fish and Game Code that an oil sump is hazardous to wildlife, he s
• § 3784 — Whenever the supervisor receives notification from the Department of Fish and Game pursuant to subdivision (b) of Section 1016 of the Fish and Game Code that an oil sump constitutes an immediate and g
• § 3784.5 — Extension of the 10-day period specified in Section 3784 may be granted only in cases where the supervisor and the Department of Fish and Game have determined that screening or elimination of the oil
• § 3785 — The supervisor and the Department of Fish and Game shall develop a joint program to coordinate their respective responsibilities under this chapter and Section 1016 of the Fish and Game Code to protec
• § 3787 — No provision of this chapter shall be construed as a limitation on the authority and responsibilities of the supervisor with respect to the enforcement or administration of any provision of state law
• § 3800 — The purpose of this chapter is to provide for the allocation of revenues distributed to the state pursuant to Section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.
• § 3805 — The definitions set forth in this article shall govern the construction of this chapter.
• § 3805.5 — “Commission” means the State Energy Resources Conservation and Development Commission.
• § 3806 — “County of origin” means any county in which the United States has leased lands for geothermal development.
• § 3807 — “Local jurisdiction” means any unit of Indian government, any city, county, or district, including, but not limited to, a regional planning agency and a public utility district, or any combination the
• § 3808 — “Geothermal resources” means geothermal resources designated by the United States Geological Survey or the Department of Conservation, or by both.
• § 3809 — “Private entity” means any individual or organization engaged in the exploration and development of geothermal energy for profit.
• § 3810 — (a) (1) “Award repayment or program reimbursement agreement,” including a “royalty agreement,” as specified in subdivision (b), means a method used at the discretion of the commission to determine and
• § 3820 — (a) The Geothermal Resources Development Account is hereby created in the General Fund.
• § 3821 — (a) Upon receipt and deposit of revenues in the Geothermal Resources Development Account, 40 percent of the revenues derived from the sale of a lease, and any bonus paid in connection therewith, shall
• § 3822 — (a) Thirty percent of the revenues received and deposited in the Geothermal Resources Development Account shall be available for expenditure by the commission as grants or loans to local jurisdictions
• § 3822.1 — Notwithstanding any other provision of law, commencing with the 1984–85 fiscal year and in each fiscal year thereafter, any revenues not granted pursuant to Section 3822 remaining in the Geothermal Re
• § 3822.2 — (a) Notwithstanding any other provision of law, the State Energy Resources Conservation and Development Commission may expend funds, from that portion of the Geothermal Resources Development Account u
• § 3823 — Revenues disbursed to counties of origin pursuant to Section 3821 and grants or loans made to local jurisdictions or private entities pursuant to Section 3822 shall be expended by the recipient for th
• § 3824 — Subject to the requirements of Section 3824.
• § 3824.5 — Revenues disbursed to counties of origin pursuant to Section 3821 may be expended for purposes unrelated to geothermal development only in counties where there is no new geothermal development and sub
• § 3825 — Thirty percent of the revenues received and deposited in the Geothermal Resources Development Account shall, upon receipt by the Controller, be transferred to the Renewable Resources Investment Fund a
• § 3826 — For all lands of the United States which are received by the State Lands Commission as indemnity lands pursuant to Section 851 of Title 43 of the United States Code after July 1, 1980, the revenue rec
• § 3827 — If federal geothermal lease lands are transferred to the state for any reason, the lease revenues shall continue to be deposited into the accounts specified pursuant to Section 3826.
• § 3850 — This chapter shall be known and may be cited as the Methane Gas Hazards Reduction Act.
• § 3851 — The Legislature finds and declares that methane gas hazards, as identified in the study conducted pursuant to Chapter 4.
• § 3852 — The Legislature further finds and declares that, due to the cost and complexity of methane hazard mitigations, property owners and local governments are often unable to mitigate these hazards.
• § 3853 — The Legislature further finds and declares, therefore, that it is essential that the state, in cooperation with local governments, provide funds to mitigate many of the state’s methane gas hazards.
• § 3855 — As used in this chapter: (a) “Methane gas hazards” means collections of biogenic or thermogenic gases identified as hazards in the study conducted by the supervisor pursuant to Article 4.
• § 3860 — The director may award grants to eligible jurisdictions for purposes of planning, equipment purchases, installation, and other measures related to the mitigation of methane gas hazards.
• § 3861 — Prior to receiving grants under this chapter, each eligible jurisdiction shall submit a report to the director describing how the funds are to be expended.
• § 3862 — Prior to receiving any grants pursuant to this chapter, an eligible jurisdiction shall do all of the following: (a) Implement a zoning ordinance for areas containing methane gas hazards that establish
• § 3863 — The department shall adopt rules and regulations implementing the grant program authorized by this chapter.
• § 3865 — The Methane Gas Hazard Reduction Account in the General Fund is hereby created.
• § 3900 — Any person, who is a citizen of the United States or who has declared his or her intention to become a citizen, and who discovers a vein or lode of quartz, or other rock in place, bearing gold, silver
• § 3901 — The locator of any lode mining claim shall define the boundaries of the claim so that they may be readily traced, but in no case shall the claim extend more than 1,500 feet along the course of the vei
• § 3902 — The location of a placer claim shall be made in the following manner: (a) By erecting at the point of discovery thereon a conspicuous and substantial monument, and by posting in or on the monument a n
• § 3903 — The relocation of any lode or placer mining location which is subject to relocation shall be made as an original location is required to be made.
• § 3904 — As to any placer mining claim which has been otherwise validly located or relocated since July 20, 1935, and as to which claim the locator or relocator has not performed the work thereon required by f
• § 3905 — The failure or neglect of the locator or locators to comply with the requirements of Section 3900, 3901, or 3903 shall render the location null and void, unless the failure or neglect is curable under
• § 3906 — The locator of a tunnel right or location shall locate his or her tunnel right or location by erecting at the face or point of commencement of the tunnel a conspicuous and substantial monument in or o
• § 3907 — The boundary lines of the tunnel shall be established by conspicuous and substantial monuments placed along the lines on the surface at an interval of not more than 600 feet from the face or point of
• § 3908 — If at any time the locator of any mining claim, or his or her assigns, apprehends that his or her original location notice was defective, erroneous, or that the requirements of the law had not been co
• § 3909 — Where a locator, or his or her assigns, has the boundaries and corners of his or her claim established by a United States deputy mineral surveyor, or a licensed surveyor of this state, and the claim c
• § 3910 — The proprietor of a vein or lode claim or mine, the proprietor of a placer claim, or the owner of a quartz mill or reduction works, or any person qualified by the laws of the United States may locate
• § 3911 — Within 90 days after the posting of his or her notice of location upon a lode mining claim, placer claim, tunnel right or location, or millsite claim or location, the locator shall record, in the offi
• § 3912 — The amount of work done, improvements made, or maintenance fee paid to the Bureau of Land Management in the United States Department of Interior during each year to hold possession of a mining claim s
• § 3913 — (a) Whenever labor is performed, improvements are made, or a maintenance fee is paid as required by law upon any mining claim, the person on whose behalf the labor was performed, improvements made, or
• § 3914 — The board of supervisors, may require, by resolution, that any person filing an affidavit pursuant to Section 3913 or any person filing a notice of intent to hold, demonstrate proof of payment of any
• § 3915 — (a) The following are the only monuments which may be used pursuant to this chapter: (1) A wooden post not less than 1 1 2 inches in diameter projecting at least two feet above the ground.
• § 3916 — Any person who takes down, removes, alters, or destroys any stake, post, monument, or notice of location upon any mining claim which is required by law to be upon the mining claim, without the consent
• § 3917 — Whenever a coowner or coowners of a mining claim give to a delinquent coowner or coowners the notice in writing or notice by publication provided for in Section 2324 of the Revised Statutes of the Uni
• § 3918 — The original of the notice and affidavit, or a duly certified copy of the record thereof, shall be prima facie evidence that the delinquent mentioned in Section 2324 of the Revised Statutes of the Uni
• § 3919 — If the delinquent, within the 90 days required by Section 2324 of the Revised Statutes of the United States, contributes to his or her coowner or coowners his or her proportion of the expenditures and
• § 3920 — If the coowner fails to sign and deliver the writing to the delinquent within 20 days after the contribution, the coowner so failing is liable to the delinquent for a penalty of one hundred dollars ($
• § 3921 — The record of any location of a mining claim, millsite, or tunnel right in the office of the county recorder, as provided in this chapter, shall be received in evidence and have the same force and eff
• § 3922 — Copies of the records of all instruments required to be recorded by this chapter, duly certified by the recorder in whose custody the records are, may be read in evidence under the same circumstances
• § 3923 — This chapter does not in any manner affect or abolish any mining district or the rules and regulations thereof within the state.
• § 3924 — Whenever any mining district in this state, organized or created under the laws of the United States, is dissolved, the officers or custodians of the records of the mining district shall deposit with
• § 3940 — A mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the claim.
• § 3941 — An express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining partnership.
• § 3942 — A member of a mining partnership shares in the profits and losses thereof in the proportion which the interest or share he or she owns in the mine bears to the whole partnership capital or whole numbe
• § 3943 — Each member of a mining partnership has a lien on the partnership property for the debts due the creditors thereof, and for money advanced by him or her for its use.
• § 3944 — The mining-ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property.
• § 3945 — One of the partners in a mining partnership may convey his or her interest in the mine and business without dissolving the partnership.
• § 3946 — A purchaser of an interest in the mining-ground of a mining partnership takes it subject to the liens existing in favor of the partners for debts due all creditors thereof, or advances made for the be
• § 3947 — A purchaser of the interest of a partner in a mine when the partnership is engaged in working it, takes with notice of all liens resulting from the relation of the partners to each other and to the cr
• § 3948 — No member of a mining partnership or other agent or manager thereof can, by a contract in writing, bind the partnership, except by express authority derived from the members thereof.
• § 3949 — The decision of the members owning a majority of the shares or interests in a mining partnership binds it in the conduct of its business.
• § 3950 — This chapter does not apply to any operations for the extraction of oil, gas, and other hydrocarbons.
• § 3960 — This chapter does not apply to any placer mine operator who holds a permit to operate from the California Debris Commission.
• § 3961 — Any person, firm, or corporation who engages in the operation of a placer mine on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaqu
• § 3962 — The verified statement shall be verified by the operator or by someone in his or her behalf and shall contain all of the following information: (a) A description of the ground proposed to be mined by
• § 3963 — Within 10 days after an owner or operator changes his or her address, or transfers the ownership or changes the operator of any mining property, a notice setting forth the names and addresses of the n
• § 3964 — No placer mining operator shall mine by the placer process on any stream or on the watershed of any stream tributary directly or indirectly to the Sacramento River or the San Joaquin River without tak
• § 3965 — Notwithstanding subdivision (b) of Section 3964, any placer miner who is operating by dredging process, and who desires to transport his or her dredger across a stream, may conduct the dredger across
• § 3966 — Any person, firm, or corporation who violates this chapter is guilty of a misdemeanor.
• § 3967 — The operation of any placer mine on ground not covered by a permit issued to the operator from the California Debris Commission, without compliance with this chapter, is declared to be a public nuisan
• § 3968 — Nothing in this chapter deprives the state, any city, county, district, person, firm, or corporation of any right to maintain any action or proceeding, in any jurisdiction, which it was entitled to ma
• § 3980 — Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are deemed affixed to the mine.
• § 3981 — The business of hydraulic mining may be carried on within the state wherever and whenever it can be carried on without material injury to navigable streams or the lands adjacent thereto.
• § 3982 — “Hydraulic mining,” as used in Section 3981, is mining by means of the application of water, under pressure, through a nozzle, against a natural bank.
• § 3983 — Any corporation organized in this state for the purpose of mining or carrying on mining operations in or outside this state, may establish and maintain agencies in other states, for the transfer and i
• § 3984 — Any shareholder of a corporation formed under the laws of this state for the purpose of mining, may visit, accompanied by his or her expert, and examine the mines owned by the corporation, and every p
• § 3985 — All grubstake contracts and prospecting agreements entered into after September 19, 1939, and which may in any way affect the title of mining locations, or other locations under the mining laws of thi
• § 4 — No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provi
• § 40000 — The Legislature hereby finds and declares all of the following: (a) In 1988, Californians disposed of over 38 million tons of solid waste, an amount that is expected to grow if existing solid waste po
• § 40001 — (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments.
• § 40002 — (a) As an essential part of the state’s comprehensive program for solid waste management, and for the preservation of health and safety, and the well-being of the public, the Legislature declares that
• § 40003 — Nothing in this division abrogates, limits, or otherwise affects the duties of the Department of Conservation under the California Beverage Container Recycling and Litter Reduction Act, Division 12.
• § 40004 — (a) The Legislature finds and declares all of the following: (1) Solid waste diversion and disposal reduction require the availability of adequate solid waste processing and composting capacity.
• § 4001 — Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
• § 4002 — “Board” means the State Board of Forestry and Fire Protection.
• § 4002.4 — “Cultural burn” or “cultural burning” means the intentional application of fire to land by a California Native American tribe, a tribal organization, or a cultural fire practitioner to achieve cultura
• § 4002.6 — “Cultural fire practitioner” means a person recognized by a California Native American tribe or tribal organization with substantial experience in burning to meet cultural goals or objectives, includi
• § 4003 — “Department” means the Department of Forestry and Fire Protection.
• § 4004 — “Director” means the Director of Forestry and Fire Protection.
• § 4004.5 — “Prescribed grazing” means the lawful application of grazing by a specific kind of livestock at a determined season, duration, and intensity to accomplish defined vegetation or conservation goals, inc
• § 4005 — (a) “Wildfire and Forest Resilience Task Force” means the task force established by the Governor to oversee the implementation of Executive Order No.
• § 40050 — This division shall be known and may be cited as the California Integrated Waste Management Act of 1989.
• § 40051 — In implementing this division, the board and local agencies shall do both of the following: (a) Promote the following waste management practices in order of priority: (1) Source reduction.
• § 40052 — The purpose of this division is to reduce, recycle, and reuse solid waste generated in the state to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and
• § 40053 — This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restriction
• § 40054 — This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of the Attorney General, on the request of the board, the state water board, a regional water boar
• § 40055 — (a) This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the power of any state agency in the enforcement or administration of any provision of law which it is s
• § 40056 — This division, or any rules or regulations adopted pursuant thereto, is not a limitation on the right of any person to commence and maintain at any time any appropriate action for relief against a nui
• § 40057 — Each county, city, district, or other local governmental agency which provides solid waste handling services shall provide for those services, including, but not limited to, source reduction, recyclin
• § 40058 — The solid waste handling services shall be provided for by one or any combination of the following: (a) The furnishing of the services by the local agency itself.
• § 40058.5 — (a) For the purposes of this section, the following terms have the following meanings: (1) “Jurisdiction” has the same meaning as defined in Section 40145.
• § 40059 — (a) Notwithstanding any other provision of law, each county, city, district, or other local governmental agency may determine all of the following: (1) Aspects of solid waste handling which are of loc
• § 40059.1 — (a) The Legislature hereby finds and declares both of the following: (1) In 1989, the Legislature enacted this division as the California Integrated Waste Management Act of 1989.
• § 40059.2 — (a) The Legislature hereby finds and declares all of the following: (1) In 1996, the voters of California adopted Proposition 218, which among other things, limits the ability of local agencies to imp
• § 40059.3 — (a) An ordinance adopted by a city or county or an ordinance enacted by initiative by the voters of a city or county shall not restrict or limit the importation of solid waste into a privately owned f
• § 40059.4 — (a) For purposes of this section, “industrial source” means any of the following: (1) An entity required to be registered pursuant to Section 110460 of the Health and Safety Code.
• § 40060 — (a) Notwithstanding any other provision of law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, which is used for th
• § 40061 — (a) Notwithstanding Section 40059, every local agency which does not directly charge residential households a fee for the collection, transportation, and disposal of solid waste and every local agency
• § 40062 — (a) Upon the request of any person furnishing any report, notice, application, plan, or other document required by this division, including any research or survey information requested by the board fo
• § 40063 — At the request of a county with a population of less than 250,000, the board and the state water board may meet with the county to prioritize, through development and joint adoption of a five-year pla
• § 40100 — Unless the context otherwise requires, the definitions in this article govern the construction of this division.
• § 40105 — “Authorized recycling agent” means a person that a local governing body or private commercial entity authorizes or contracts with to collect its recyclable waste material.
• § 40106 — (a) “Biomass conversion” means the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal conversion technologies on, the following materi
• § 40110 — “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.
• § 40115 — “City” or “county” includes city and county.
• § 40115.5 — “Closed disposal site” means a disposal site that ceases to accept solid waste and is closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time of the clos
• § 40116 — “Compost” means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream, or which are separated at a centra
• § 40116.1 — “Composting” means the controlled or uncontrolled biological decomposition of organic wastes.
• § 40117 — “Gasification” means a technology that uses a noncombustion thermal process to convert solid waste to a clean burning fuel for the purpose of generating electricity, and that, at minimum, meets all of
• § 40118 — “Department” means the Department of Resources Recycling and Recovery.
• § 40120 — “Designated recycling collection location” means the place where an authorized recycling agent has contracted with either the local governing body or a private entity to pick up recyclable material se
• § 40120.05 — “Director” means the Director of Resources Recycling and Recovery.
• § 40120.1 — “Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192.
• § 40121 — “Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility.
• § 40122 — “Disposal site” or “site” means the place, location, tract of land, area, or premises in use, intended to be used, or which has been used, for the disposal of solid wastes.
• § 40124 — “Diversion” means activities which reduce or eliminate the amount of solid waste from solid waste disposal for purposes of this division, including Article 1 (commencing with Section 41780) of Chapter
• § 40127 — “Diversion program” means a program in the source reduction and recycling element of a jurisdiction’s integrated waste management plan, specified in Chapter 2 (commencing with Section 41000) of, or Ch
• § 40130 — “Enforcement agency” means the local agency designated pursuant to Article 1 (commencing with Section 43200) of Chapter 2 of Part 4 for the purpose of carrying out this division, or the board if no de
• § 40131 — “Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
• § 40131.2 — (a) “Engineered municipal solid waste conversion” or “EMSW conversion” means the conversion of solid waste through a process that meets all of the following requirements: (1) The waste to be converted