Public Resources Code — Part 18 | PRC — United States — California law | Esheria

Public Resources Code

Part 18 of 41 · provisions 3,401–3,600

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 3759.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    For this chapter, an alley that intersects or lies within any block or subdivision unit is not treated as a public street or road.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Added by Stats. 1965, Ch. 1483.)
  2. 3760.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Drilling a well, or allowing geothermal resource production in violation of this chapter, is treated as a separate nuisance for each day it occurs.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Amended by Stats. 1967, Ch. 1398.)
  3. 3761.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Rules on the location of geothermal resource wells do not apply to wells that were producing geothermal resources on the act’s effective date.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Amended by Stats. 1967, Ch. 1398.)
  4. 3762.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    An operator may appeal an order to the director, but must file the appeal in writing within 10 days and with the supervisor or issuing district deputy.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. The notice of appeal shall be in writing and shall be filed with the supervisor or with the district deputy who issued the order. The operator shall file the appeal within 10 days of the service of the order. Failure of the operator to file an appeal from the order within the 10-day period shall be a waiver by the operator of its rights to challenge the order. If the order is served by mail, the time for responding shall be determined as provided in Section 1013 of the Code of Civil Procedure. (b) (1) The filing of a written notice of appeal shall operate as a stay of the order, except when an order for remedial work is issued as an emergency order pursuant to Section 3744. If the order is an emergency order, the operator shall immediately perform whatever work is required by the order to alleviate the emergency or shall permit the agents appointed by the supervisor to perform that work. (2) If the emergency order is set aside or modified on appeal, the supervisor shall refund the reasonable costs incurred by the operator for whatever work is not required by the set-aside or modified order or shall not impose costs for work performed by the supervisor or the supervisor’s agents if the work is excluded from the modified order or the order is set aside. (3) (A) The costs to be refunded pursuant to paragraph (2) by the supervisor shall be determined in a hearing before the director after the exhaustion of appeals. The operator shall have the burden of proving the amount of costs to be refunded. (B) A determination by the director as to the amount of costs to be refunded pursuant to paragraph (2) may be appealed by the operator pursuant to subdivision (a) of Section 3354. (4) If the operator believes that it will be irretrievably injured by the performance of the work required to alleviate the emergency pending the outcome of the appeal, the operator may seek an order from the appropriate superior court restraining the enforcement of the order pending the outcome of the appeal. (Repealed and added by Stats. 2010, Ch. 264, Sec. 20. (AB 2453) Effective January 1, 2011.)
  5. 3763.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Certain appeals require a hearing, and the director must conduct hearings for other appeals under specified sections.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 circumstances: (1) Issued pursuant to a Section 3755 finding that the operator’s wells are deserted and should be plugged and abandoned. (2) Rescinding an injection project approval for a project that has already commenced. (b) An order issued pursuant to Section 3743 shall satisfy the requirement of Section 11503 of the Government Code that an accusation be filed. (c) For an appeal of an order that is not described in subdivision (a), a hearing shall be conducted by the director in accordance with Sections 3764 and 3765. (d) For an appeal of an order that is described in subdivision (a) and is also an emergency order for remedial work, a hearing shall be conducted by the director in accordance with Sections 3764 and 3765 for the limited purpose of considering the emergency order for remedial work. All other penalties and requirements imposed by the order shall be considered at a hearing provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2010, Ch. 264, Sec. 21. (AB 2453) Effective January 1, 2011.)
  6. 3764.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    This section sets deadlines and procedures for the director’s hearing on an appeal, including notice timing, hearing location, evidence rights, and when the director may convert the matter to a formal hearing.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 director shall provide to the operator notice of the time and place of the hearing. The hearing shall take place within 30 days after the date of the director’s notice. The notice shall inform the operator that the director may extend the date of the hearing for up to 60 days for good cause upon application of the operator or the supervisor. (2) When an order has been issued as an emergency order, within 10 days from the date of the service of the notice of appeal, the director shall provide to the operator notice of the time and place of the hearing. The hearing shall take place within 20 days after the date of the director’s notice. The notice shall inform the operator that the director may extend the date of the hearing for up to 30 days for good cause upon application of the operator or the supervisor. (b) The director shall conduct the hearing within the district where the majority of the wells that are the subject of the order are located, or the hearing may be conducted at a location outside of that district upon application of the operator. The hearing shall be reported by a stenographic reporter and may, in addition, be electronically recorded by either party. (c) The notice of hearing shall inform the operator of its right to file a written answer to the charges no later than 10 days before the date of the hearing. The notice also shall inform the operator that it has the right to present oral and documentary evidence at the hearing. (d) Upon a verified and timely petition of the operator, the director may order the testimony of a witness at the hearing. The petition shall be served upon the director and the other party within five days after the filing of an appeal and shall set forth the name and address of the witness whose testimony is requested, to the extent known; a showing of the materiality of the testimony; and a showing that the witness cannot be compelled to testify absent an order of the director. The supervisor may file an opposition to the petition within five days after the petition is served. The director shall either deny or grant the petition within 10 days after receipt of the petition and receiving any opposition to the petition. Upon granting a petition, the director shall issue a subpoena pursuant to Section 3357 compelling the testimony of the witness at the hearing. (e) The director may convert a hearing pursuant to this section to a formal hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code in any of the following circumstances: (1) The operator makes a showing satisfactory to the director that the order being appealed is likely to result in termination of an established oil or gas producing or injection operation. (2) It appears to the director that the hearing will involve complex evidentiary or procedural issues that will cause more than minimal delay or burdens. (3) The operator and the supervisor agree and stipulate to convert the hearing to a formal hearing. (f) The conversion of a hearing pursuant to this section to a formal hearing shall be conducted in accordance with Article 15 (commencing with Section 11470.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Repealed and added by Stats. 2010, Ch. 264, Sec. 23. (AB 2453) Effective January 1, 2011.)
  7. 3765.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The director must issue a written decision within 30 days after the hearing closes, based on the evidence, and file and serve it when complete.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. The director’s written decision shall be based upon the preponderance of the evidence and shall set forth the director’s factual findings, legal conclusions, and rationale for the result. The director may extend the 30-day period for issuing the written decision if the extension is agreed to by the operator. (b) The director shall file the written decision with the supervisor and serve it on the operator as soon as the decision is complete, at which time the decision shall be deemed final. The director’s decision shall supersede the order of the supervisor from which the appeal was made. If the director affirms or modifies the order, the director shall retain jurisdiction until the operator completes the work required to be performed by the order. (Repealed and added by Stats. 2010, Ch. 264, Sec. 25. (AB 2453) Effective January 1, 2011.)
  8. 3766.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    After certain hearings, the operator may seek judicial review of the director’s decision, but must file a petition within 30 days after service of the decision.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 filing a petition for writ of administrative mandamus in the superior court of the county where the division’s district office from which the order was issued is located. The operator shall file the petition within 30 days after the date the operator was served with the decision. (b) Following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the operator may obtain judicial review of the decision pursuant to Section 11523 of the Government Code. (Repealed and added by Stats. 2010, Ch. 264, Sec. 27. (AB 2453) Effective January 1, 2011.)
  9. 3767.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    If an operator seeks judicial review of a director’s decision, the court must decide the case on the administrative record and may not receive new evidence.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 Division 3 of Title 2 of the Government Code, the court shall hear the cause on the record before the director or an administrative law judge. New or additional evidence shall not be introduced in court. The court’s inquiry shall extend to whether the director acted without or in excess of jurisdiction, whether there was a fair hearing, and whether there is any prejudicial abuse of discretion. Abuse of discretion is established if the administrative proceeding has not been conducted in the manner required by law, the decision is not supported by the findings, or the findings are not supported by substantial evidence in light of the whole record. (Repealed and added by Stats. 2010, Ch. 264, Sec. 29. (AB 2453) Effective January 1, 2011.)
  10. 3768.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    If the operator does not appeal or timely seek judicial review, or if the court affirms the decision, the permitted charges become a state tax lien on the operator’s real and personal property.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 operator has timely sought and obtained judicial review and the court has affirmed the decision, then any charge, including penalty and interest, that the decision permits the supervisor to impose on the operator for work performed by the supervisor or the supervisor’s agents shall constitute a state tax lien against the real and personal property of the operator pursuant to Section 3772. (Repealed and added by Stats. 2010, Ch. 264, Sec. 31. (AB 2453) Effective January 1, 2011.)
  11. 3769.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The supervisor can administer oaths and seek subpoenas in geothermal-resource proceedings or investigations; judges must issue the subpoena, and witnesses may be required to attend and produce records if they are within the stated travel limits.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 any well or wells complained of, or which in the opinion of the supervisor may reasonably be presumed to be improperly located, drilled, operated, maintained, or conducted, the supervisor shall have the power to administer oaths and may apply to a judge of the superior court of the county in which the proceeding or investigation is pending, for a subpoena for witnesses to attend the proceeding or investigation. Upon the application of the supervisor, the judge of the superior court shall issue a subpoena directing the witness to attend the proceeding or investigation, and such person shall be required to produce, when directed, all records, surveys, documents, books, or accounts in the witness’ custody or under the witness’ control; except that no person shall be required to attend upon such proceeding, unless the person resides within the same county or within 100 miles of the place of attendance. The supervisor may in such case cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may, upon application to a judge of the superior court of the county within which the proceeding or investigation is pending, obtain a subpoena compelling the attendance of witnesses and the production of records, surveys, documents, books, or accounts at such places as the judge may designate within the limits prescribed in this section. (Amended by Stats. 2004, Ch. 182, Sec. 56. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  12. 3770.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Witnesses are entitled to receive the fees and mileage fixed by law in civil cases, paid from the Oil, Gas, and Geothermal Administrative Fund.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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. (Amended by Stats. 2003, Ch. 240, Sec. 19. Effective August 13, 2003.)
  13. 3771.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Failing to obey certain orders, subpoenas, testimony demands, attendance requirements, or document requests is a misdemeanor, and each day of continued noncompliance is a separate offense.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 regarding which the person may lawfully be interrogated, or upon refusal or neglect to appear and attend at any proceeding or hearing on the day specified, after having received a written notice of not less than 10 days prior to the proceeding or hearing, or upon the person’s failure, refusal or neglect to produce books, papers, or documents as demanded in the order or subpoena upon that day, that failure, refusal or neglect constitutes a misdemeanor. Each day’s further failure, refusal, or neglect is a separate and distinct offense. The district attorney of the county in which the proceeding, hearing, or investigation is to be held, shall prosecute any person guilty of violating this section by continuous prosecution until the person appears or attends or produces the books, papers, or documents, or complies with the subpoena or order of the supervisor or the director. (Amended by Stats. 1984, Ch. 278, Sec. 13.)
  14. 3772.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    If a person does not pay a charge or penalty when it is due, the unpaid amount becomes a perfected and enforceable state tax lien.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 costs in addition thereto, shall thereupon be a perfected and enforceable state tax lien. Such a lien is subject to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code. (b) For the purpose of this section only, “due and payable” means the date a return is required to be filed, without regard to any extension of time, without payment of the amount due or the date a determination or assessment made under this chapter becomes final, whichever is applicable. (Amended by Stats. 1980, Ch. 600, Sec. 12.)
  15. 3772.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The Controller, or a duly authorized representative, may issue a warrant to collect charges, interest, and penalties and to enforce a lien, directed to the sheriff.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 sheriff and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution. (Amended by Stats. 1996, Ch. 872, Sec. 129. Effective January 1, 1997.)
  16. 3772.4.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The sheriff must receive certain fees, commissions, and expenses after completing warrant services, and the Controller may pay them.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 connection with services pursuant to the warrant as are provided by law for similar services pursuant to a writ of execution; provided, that fees for publication in a newspaper shall be subject to approval by the Controller rather than by the court; the fees, commissions and expenses shall be an obligation of the person or persons liable for the payment of those charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of those charges. (Amended by Stats. 1996, Ch. 872, Sec. 130. Effective January 1, 1997.)
  17. 3772.6.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The Controller may, by certificate, release certain liens tied to geothermal extraction property when more than one parcel is covered and the owner pays a proportionate share of the charges.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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, the Controller may release by certificate pursuant to Section 7174 of the Government Code from the lien of such charges, interest, and penalties and costs, upon payment by the owner of any parcel or parcels of property of his proportionate share of the charges. (Amended by Stats. 1980, Ch. 600, Sec. 13.)
  18. 3773.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The Controller must sue within 90 days after a charge becomes delinquent to collect unpaid delinquent charges, penalties, and costs.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 order is situated, to collect any delinquent charges, together with any penalties or costs, which have not been paid. (Added by Stats. 1965, Ch. 1483.)
  19. 3774.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    The Attorney General must commence and prosecute any such action through final judgment.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 3774. The Attorney General shall commence and prosecute any such action to final judgment. (Amended by Stats. 2018, Ch. 349, Sec. 7. (AB 3257) Effective January 1, 2019.)
  20. 3775.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    A certified Controller record can be used as prima facie evidence of unpaid charges, delinquency, amounts due, and compliance with the law.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 charges, the delinquency, the amount of charges, penalties, and costs due and unpaid, that the person is indebted to the people of the State of California in the amount of charges and penalties therein appearing unpaid, and that all forms of law in relation to the charges have been complied with. The provisions of the Code of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings. (Amended by Stats. 1977, Ch. 579.)
  21. 3776.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. )

    Verify source ↗

    Penalties, charges, or a judgment recovered in the action must be paid to the State Treasurer and credited to the Oil, Gas, and Geothermal Administrative Fund.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 4. Geothermal Resources [3700 - 3776] ( Heading of Chapter 4 amended by Stats. 1967, Ch. 1398. ) ## 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 Administrative Fund. (Amended by Stats. 2003, Ch. 240, Sec. 20. Effective August 13, 2003.)
  22. 3780.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    This section defines “oil sump” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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. (Added by Stats. 1973, Ch. 1076.)
  23. 3781.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    Hazardous exposed oil sumps in California must be screened or eliminated to protect wildlife resources.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 eliminated. (Amended by Stats. 1974, Ch. 772.)
  24. 3782.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    The supervisor must issue rules for adequate oil sump screening to protect wildlife and must order closure of noncompliant oil and gas production operations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 exposed or inadequately screened oil sump in violation of such rules and regulations. (Added by Stats. 1973, Ch. 1076.)
  25. 3783.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    If an oil sump is reported as hazardous to wildlife, the supervisor must notify the responsible parties in writing, and they must clean up or abate the condition within 30 days unless a longer period is mutually agreed. If they do not comply, the supervisor must close the oil and gas production operation maintaining the sump.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 shall forthwith given written notice of such hazardous condition to the owner, lessee, operator, or person responsible for the existence of the condition and set forth the hazardous conditions as specified by the Department of Fish and Game. The owner, lessee, operator, or person responsible shall, within 30 days from the date of such notification, or such longer period as may be mutually agreed upon by the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or person responsible, clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game. If the owner, lessee, operator, or person responsible does not clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game within the required period of time, the supervisor shall forthwith order the closure of the oil and gas production operation maintaining the oil sump. (Amended by Stats. 1974, Ch. 772.)
  26. 3784.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    If an oil sump is reported as an immediate and grave danger to wildlife, the supervisor must notify the responsible parties in writing, and they must clean up or fix the condition within 10 days unless a longer period is mutually agreed. If they do not, the supervisor must order the oil and gas operation closed.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 grave danger to wildlife, he shall forthwith give written notice of such immediately dangerous condition to the owner, lessee, operator, or person responsible for the existence of the condition and set forth the immediately dangerous condition as specified by the Department of Fish and Game. The owner, lessee, operator, or person responsible shall, within 10 days from the date of such notification, or such longer period as may be mutally agreed upon pursuant to Section 3784.5 by the supervisor, the Department of Fish and Game, and the owner, lessee, operator, or person responsible, clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game. If the owner, lessee, operator, or person responsible does not clean up or abate the condition to the satisfaction of the supervisor and the Department of Fish and Game within the required period of time, the supervisor shall forthwith order the closure of the oil and gas production operation maintaining the oil sump. (Amended by Stats. 1974, Ch. 772.)
  27. 3784.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    An extension of the 10-day period may be granted only if the supervisor and the Department of Fish and Game determine that screening or elimination of the oil sump cannot reasonably be completed within 10 days.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 sump cannot be reasonably accomplished within 10 days. (Added by Stats. 1973, Ch. 1076.)
  28. 3785.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    The supervisor and the Department of Fish and Game must develop a joint program to coordinate their responsibilities under this chapter and Section 1016 of the Fish and Game Code.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 protect the wildlife resources of the state from the hazards of exposed oil sumps. (Added by Stats. 1973, Ch. 1076.)
  29. 3787.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. )

    Verify source ↗

    This chapter does not limit the supervisor’s authority or responsibilities to enforce or administer state law provisions that the supervisor is authorized or required to handle.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 5. Oil Sumps [3780 - 3787] ( Chapter 5 added by Stats. 1973, Ch. 1076. ) ## 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 which he is authorized or required to enforce or administer. (Added by Stats. 1973, Ch. 1076.)
  30. 3800.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 1. Purpose [3800- 3800.] ( Article 1 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section states the purpose of the chapter: to allocate geothermal revenues distributed to the state and support several public policy goals.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 1. Purpose [3800- 3800.] ( Article 1 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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.S.C. Sec. 191), with respect to activities of the United States Bureau of Land Management, the United States Forest Service, and other federal agencies undertaken pursuant to the Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section 1001) of Title 30 of the United States Code) in order to accomplish the following general objectives: (a) Reduction of dependence on fossil fuels and stimulation of the state’s economy through development of geothermal resources. (b) Mitigation of the adverse social, economic, and environmental impacts caused by geothermal development. (c) Financial assistance to cities, counties, and districts to offset the costs of providing public services and facilities necessitated by the development of geothermal resources within their jurisdictions. (d) Maintenance of the productivity of renewable resources through the investment of the proceeds of a depleting resource. (Amended by Stats. 1984, Ch. 1066, Sec. 1.)
  31. 3805.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3805. The definitions set forth in this article shall govern the construction of this chapter. (Added by Stats. 1980, Ch. 139, Sec. 1. Effective May 30, 1980.)
  32. 3805.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section defines “Commission” as the State Energy Resources Conservation and Development Commission.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3805.5. “Commission” means the State Energy Resources Conservation and Development Commission. (Added by Stats. 1994, Ch. 553, Sec. 1. Effective January 1, 1995.)
  33. 3806.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section defines “county of origin” as any county where the United States has leased land for geothermal development.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3806. “County of origin” means any county in which the United States has leased lands for geothermal development. (Amended by Stats. 1980, Ch. 800, Sec. 15. Effective July 28, 1980.)
  34. 3807.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section defines “local jurisdiction” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 thereof formed for the joint exercise of any power, except that “public utility district” does not include any public utility district which generates for sale more than 50 megawatts gross of electricity. (Amended by Stats. 1984, Ch. 1066, Sec. 2.)
  35. 3808.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    The department must periodically review and update its designation of geothermal resource areas and send any changes to the State Energy Resources Conservation and Development Commission.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3808. “Geothermal resources” means geothermal resources designated by the United States Geological Survey or the Department of Conservation, or by both. The department shall periodically review, and revise as necessary, its designation of geothermal resource areas and shall transmit any changes to the State Energy Resources Conservation and Development Commission. (Added by Stats. 1980, Ch. 139, Sec. 1. Effective May 30, 1980.)
  36. 3809.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section defines “private entity” as an individual or organization involved in exploring and developing geothermal energy for profit.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3809. “Private entity” means any individual or organization engaged in the exploration and development of geothermal energy for profit. (Added by Stats. 1990, Ch. 644, Sec. 1.)
  37. 3810.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section defines award repayment or program reimbursement agreements and royalty agreements, and gives the commission powers over repayment terms, royalties, information access, and related intellectual property conditions.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 2. Definitions [3805 - 3810] ( Article 2 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 establish the terms of replenishment of program funds, including, at a minimum, repayment of the award to provide for further awards under this chapter. The award repayment or program reimbursement agreement may provide that payments be made to the commission when the award recipient, affiliate of the award recipient, or third party receives, through any kind of transaction, an economic benefit from the project, invention, or product developed, made possible, or derived, in whole or in part, as a result of the award. (2) An award repayment or program reimbursement agreement shall specify the method to be used by the commission to determine and establish the terms of repayment and reimbursement of the award. (3) The commission may require due diligence of the award recipient and may take any action that is necessary to bring the project, invention, or product to market. (4) Subject to the confidentiality requirements of Section 2505 of Title 20 of the California Code of Regulations, the commission may require access to financial, sales, and production information, and to other agreements involving transactions of the award recipient, affiliates of the award recipient, and third parties, as necessary, to ascertain the royalties or other payments due the commission. (b) A “royalty agreement” is an award repayment or program reimbursement agreement and is subject to all of the following conditions: (1) The royalty rate shall be determined by the commission and shall not exceed 5 percent of the gross revenue derived from the project, invention, or product. (2) The royalty agreement shall specify the method to be used by the commission to determine and establish the terms of payment of the royalty rate. (3) The commission shall determine the duration of the royalty agreement and may negotiate a collection schedule. (4) The commission, for separate consideration, may negotiate and receive payments to provide for an early termination of the royalty agreement. (c) (1) The commission may require that the intellectual property developed, made possible, or derived, in whole or in part, as a result of the award repayment or program reimbursement agreement, revert to the state upon a default in the terms of the award repayment or program reimbursement agreement or royalty agreement. (2) The commission may require advance notice of any transaction involving intellectual property rights. (Added by Stats. 1994, Ch. 553, Sec. 2. Effective January 1, 1995.)
  38. 3820.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    The state must deposit specified geothermal-related revenues into the Geothermal Resources Development Account, and those revenues are continuously appropriated for expenditure or transfer as this article provides.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3820. (a) The Geothermal Resources Development Account is hereby created in the General Fund. (b) All revenues received by the state pursuant to Section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U.S.C. Sec. 191), with respect to activities undertaken pursuant to the Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section 1001) of Title 30 of the United States Code) shall be deposited in the Geothermal Resources Development Account immediately upon receipt, and are hereby continuously appropriated from the account for expenditure or transfer in the manner and at the times specified in this article. (c) Commencing with the 1980–81 fiscal year, two million dollars ($2,000,000), or so much thereof as may be necessary, of the revenues received by the state pursuant to Section 35 of the Mineral Lands Leasing Act of 1920, as amended (30 U. S.C. Sec. 191), from sources other than activities undertaken pursuant to the Geothermal Steam Act of 1970 (Chapter 23 (commencing with Section 1001) of Title 30 of the United States Code) shall be deposited each fiscal year in the account until a total amount is deposited which is equal to the revenues that were received by the state on and after January 1, 1976, from activities undertaken pursuant to the Geothermal Steam Act of 1970, but which were not deposited in the account pursuant to subdivision (b). The revenues so deposited are hereby continuously appropriated from the account for expenditure or transfer in the manner and at the times specified in this article. The deposit of revenues required by this subdivision are in addition to the deposit of revenues required by subdivision (b). (Amended by Stats. 1980, Ch. 800, Sec. 16. Effective July 28, 1980.)
  39. 3821.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    The State Controller must immediately distribute specified geothermal revenues to counties of origin, and each county of origin must keep those revenues in a separate account or fund.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 be immediately disbursed by the State Controller to the county of origin; and 40 percent of the revenues consisting of royalties and rents shall be immediately disbursed to all counties of origin in proportion to the amounts of the revenues derived from existing leases within each county of origin. If a lease includes land in more than one county, each county’s share shall be computed on the basis of the ratio that the acreage within each county bears to the total acreage in the lease. (b) Each county of origin shall establish for deposit of such revenues an account or fund separate from the other accounts and funds of the county, and may expend such revenues only for the purposes specified in this chapter. (Added by Stats. 1980, Ch. 139, Sec. 1. Effective May 30, 1980.)
  40. 3822.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    This section allocates geothermal revenues for commission grants and loans, and sets conditions for applicants and recipients.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 or private entities without regard to fiscal years. These revenues shall be held by the commission in the Local Government Geothermal Resources Revolving Subaccount, which is hereby created in the Geothermal Resources Development Account. Loan repayments shall be deposited in the subaccount and shall be used for making additional grants and loans pursuant to Section 3823. (b) No local jurisdiction shall be eligible to apply for a grant or loan pursuant to this section unless its governing body approves the application by resolution. (c) Each recipient of a grant or loan made pursuant to this section shall establish, for the deposit of the revenues, an account or fund that is separate from the other accounts and funds of the recipient, and may expend the revenues only for the purposes specified in this chapter. (d) The commission shall make grants and loans pursuant to this section irrespective of whether a local jurisdiction is a county of origin. (e) Any of the revenues that are not disbursed as grants or loans pursuant to this section during the fiscal year received shall be retained in the subaccount and may be disbursed as grants or loans pursuant to this section in succeeding fiscal years. (f) (1) Any loan made under this section shall: (A) Not exceed 80 percent of the local jurisdiction’s costs. (B) Be repaid together with interest within 20 years from receipt of the loan funds. (2) Notwithstanding any other provision of law, the commission shall, unless it determines that the purposes of this chapter would be better served by establishing an alternative interest rate schedule, periodically set interest rates on the loans based on surveys of existing financial markets and at rates not lower than the Pooled Money Investment Account. (g) Any loan or grant made to a private entity under this section shall (1) be matched with at least an equal investment by the recipient, (2) provide tangible benefits, as determined by the commission, to a local jurisdiction, and (3) be approved by the city, county, or Indian reservation within which the project is to be located. (h) The commission may require an award repayment or program reimbursement agreement of any recipient of a grant or loan made pursuant to this section. (Amended by Stats. 1994, Ch. 553, Sec. 3. Effective January 1, 1995.)
  41. 3822.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    Certain geothermal revenues must be included in the Governor’s Budget, and the commission must send approved projects for review, wait 30 days, execute funding agreements, and report project lists to the Legislature each year by April 1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 Resources Development Account and any revenues expected to be received and disbursed during the 1984–85 fiscal year and in each fiscal year thereafter shall be made a part of the Governor’s Budget. Projects approved by the State Energy Resources Conservation and Development Commission under this chapter shall be submitted for review and comment to the Department of Finance, the Legislative Analyst, and the Joint Legislative Budget Committee when the Legislature is in session. After a 30-day period, the commission shall execute the funding agreements. The commission shall submit to the Legislature by April 1 of each year, a list of projects, in priority order, selected and approved during the previous year. (Repealed and added by Stats. 1991, Ch. 520, Sec. 3.)
  42. 3822.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    The commission may spend certain geothermal account funds to give direct technical assistance to eligible local jurisdictions, but the total spent under this section cannot exceed 5% of available Section 3822 funds or $100,000, whichever is less.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 used by the commission for grants and loans, to provide direct technical assistance to local jurisdictions which are eligible for grants and loans pursuant to Section 3822. (b) The total of all amounts expended pursuant to this section shall not exceed 5 percent of all funds available under Section 3822 or one hundred thousand dollars ($100,000), whichever amount is less. (c) In making expenditures under this section, the commission shall consider, but not be limited to a consideration of, all of the following: (1) The availability of energy resource and technology opportunities. (2) The project definition and likelihood of success. (3) Local needs and potential project benefits. (Amended by Stats. 1984, Ch. 1066, Sec. 4.)
  43. 3823.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    Recipients of certain geothermal revenues, grants, or loans must spend the money only on the purposes listed in this section.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 the following purposes: (a) Undertaking research and development projects relating to geothermal resource assessment and exploration, and direct-use and electric generation technology. (b) Local and regional planning and policy development and implementation necessary for compliance with programs required by local, state, or federal laws and regulations. (c) Identification of feasible measures that will mitigate the adverse impacts of the development or production of geothermal resources, the extraction of minerals from geothermal brines, and related activities, and the adoption of ordinances, regulations, and guidelines to implement those measures. (d) Collecting baseline data and conducting environmental monitoring. (e) Preparation or revision of geothermal resource elements, or geothermal components of energy elements, for inclusion in the local general plan, zoning and other ordinances, and related planning and environmental documents. (f) Administrative costs incurred by the local jurisdiction that are attributable to the development or production of geothermal resources, the extraction of minerals from geothermal brines, and related activities. (g) Monitoring and inspecting geothermal facilities and related activities to assure compliance with applicable laws, regulations, and ordinances. (h) Identifying, researching, and implementing feasible measures that will mitigate the adverse impacts of the development or production of geothermal resources, extraction of minerals from geothermal brines, and related activities, including mitigation measures that provide community benefits directly or indirectly related to adverse social and economic impacts. (i) Planning, constructing, providing, operating, and maintaining those public services and facilities that are necessitated by, and result from, the development or of geothermal resources, the extraction of minerals from geothermal brines, and related activities. (j) Undertaking projects demonstrating the technical and economic feasibility of geothermal direct heat and electrical generation applications. (k) Undertaking projects for the enhancement, restoration, or preservation of natural resources, including, but not limited to, water development, water quality improvement, fisheries enhancement, and park and recreation facilities and areas. (l) In furtherance of the state’s zero-emission vehicle and energy storage objectives, undertaking projects to recover lithium, metals, agricultural products, and other beneficial minerals from highly mineralized geothermal brines at a geothermal facility that is in a disadvantaged community and provides local employment opportunities. (Amended by Stats. 2022, Ch. 63, Sec. 5. (SB 125) Effective June 30, 2022.)
  44. 3824.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    Counties of origin may spend certain geothermal revenues on capital asset repair and maintenance, and on jail facility construction, subject to Section 3824.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 3824. Subject to the requirements of Section 3824.5, revenues disbursed to counties of origin pursuant to Section 3821 may be expended for the repair and maintenance of capital assets, including roads, bridges, aviation facilities, buildings, and parking areas. These revenues, including unencumbered revenues already accumulated, may also be expended for the construction of jail facilities. (Amended by Stats. 1986, Ch. 400, Sec. 1. Effective July 17, 1986.)
  45. 3824.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    Counties of origin may spend Section 3821 geothermal revenues on unrelated purposes only if the county has no new geothermal development and has already achieved substantial planning, maintenance, and environmental mitigation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 substantial planning, maintenance, and environmental mitigation of geothermal development have been achieved. (Amended by Stats. 1987, Ch. 56, Sec. 149.)
  46. 3825.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    The Controller must transfer 30% of specified geothermal revenues to the Renewable Resources Investment Fund when the money is received.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 and shall be available, upon appropriation by the Legislature, for expenditure for the purposes of Section 34000. (Amended by Stats. 1983, Ch. 323, Sec. 64. Effective July 1, 1983.)
  47. 3826.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    Revenue from leasing certain geothermal-indemnity lands must be split evenly between two state funds.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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 received by the state from the leasing of these lands for geothermal development shall be distributed as follows: (a) Fifty percent of all revenues shall be deposited in the Geothermal Resources Development Account and disbursed pursuant to this chapter. (b) Fifty percent of all revenues shall be deposited in the Teachers’ Retirement Fund and shall be expended pursuant to Section 24702 of the Education Code. (Amended by Stats. 1984, Ch. 1070, Sec. 1. Effective September 12, 1984.)
  48. 3827.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. )

    Verify source ↗

    If federal geothermal lease lands are transferred to the state, the lease revenues must keep being deposited into the accounts named in Section 3826.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 6. Disposition of Geothermal Revenues [3800 - 3827] ( Chapter 6 added by Stats. 1980, Ch. 139, Sec. 1. ) ## ARTICLE 3. Allocation and Use of Revenues [3820 - 3827] ( Article 3 added by Stats. 1980, Ch. 139, Sec. 1. ) ## 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. (Added by Stats. 1991, Ch. 520, Sec. 5.)
  49. 3850.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    This section names the chapter as the Methane Gas Hazards Reduction Act.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 3850. This chapter shall be known and may be cited as the Methane Gas Hazards Reduction Act. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  50. 3851.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    The Legislature declares methane gas hazards to be a clear and present threat to public health and safety.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 3851. The Legislature finds and declares that methane gas hazards, as identified in the study conducted pursuant to Chapter 4.1 (commencing with Section 3240) of Chapter 1, are a clear and present threat to public health and safety. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  51. 3852.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    The Legislature finds that property owners and local governments are often unable to mitigate methane hazards because mitigation is costly and complex.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 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. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  52. 3853.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    The Legislature finds that the state, working with local governments, should provide funds to reduce methane gas hazards.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 1. General Provisions [3850 - 3853] ( Article 1 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 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. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  53. 3855.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 2. Definitions [3855- 3855.] ( Article 2 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    This section defines “methane gas hazards” and “eligible jurisdictions” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 2. Definitions [3855- 3855.] ( Article 2 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 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 4.1 (commencing with Section 3240) of Chapter 1. (b) “Eligible jurisdictions” means counties and cities identified as having methane gas hazards in the study conducted by the supervisor pursuant to Article 4.1 (commencing with Section 3240) of Chapter 1. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  54. 3860.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    The director may award grants to eligible jurisdictions for methane gas hazard mitigation projects, but grants may not pay for ongoing maintenance or monitoring.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 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. Ongoing maintenance and monitoring activities shall not be financed by grants pursuant to this chapter. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  55. 3861.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    Before receiving grants under this chapter, each eligible jurisdiction must submit a report to the director explaining how the funds will be spent, and must give the public a chance to review and comment and hold at least one public hearing before filing the report.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 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. Before submitting the report, each eligible jurisdiction shall provide opportunities for the public to review and comment on the report, and shall hold at least one public hearing on the report. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  56. 3862.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    Before receiving grants under this chapter, an eligible jurisdiction must adopt a methane gas hazard zoning ordinance, revise its safety element, and prepare a methane gas hazard mitigation plan.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 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 establishes a methane gas hazard overlay and provides mandatory studies and mitigations for new construction within the overlay zones. (b) Revise the safety element of the city or county general plan to illustrate the methane gas hazard areas and establish mitigative policies. (c) Prepare a methane gas hazard mitigation plan, which provides strategies and mitigations for reducing existing methane gas hazards and for avoiding further hazards due to new construction. The plans shall be consistent with the grant report, the zoning ordinance, and the general plan safety element. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  57. 3863.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    The department must adopt rules and regulations to implement the grant program authorized by this chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 3. Methane Gas Hazards Reduction Assistance [3860 - 3863] ( Article 3 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 3863. The department shall adopt rules and regulations implementing the grant program authorized by this chapter. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  58. 3865.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 4. Methane Gas Hazard Reduction Account [3865- 3865.] ( Article 4 added by Stats. 1987, Ch. 1322, Sec. 3. )

    Verify source ↗

    The Methane Gas Hazard Reduction Account in the General Fund is created, and its money may be used for this chapter’s purposes only if the Legislature appropriates it.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 7. Methane Gas Hazards Reduction [3850 - 3865] ( Chapter 7 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## ARTICLE 4. Methane Gas Hazard Reduction Account [3865- 3865.] ( Article 4 added by Stats. 1987, Ch. 1322, Sec. 3. ) ## 3865. The Methane Gas Hazard Reduction Account in the General Fund is hereby created. The moneys in the account shall be available for purposes of this chapter upon appropriation therefor by the Legislature. (Added by Stats. 1987, Ch. 1322, Sec. 3.)
  59. 3900.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A qualifying person may locate a mining claim if they discover a qualifying vein or lode and follow the chapter’s boundary, monument, and notice steps.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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, cinnabar, lead, tin, copper, or any other valuable deposit, may locate a claim upon the vein or lode, by defining the boundaries of the claim, in the manner specified in this chapter, by erecting at the point of discovery a monument as defined in Section 3915, and by posting in or on the monument a notice of the location. The notice shall contain all of the following: (a) The name of the lode or claim. (b) The name, current mailing address or current residence address, of the locator. (c) The number of linear feet claimed in length along the course of the vein, each way from the point of discovery, with the width on each side of the center of the claim, and the general course of the vein or lode, as near as may be. (d) The date of location, which shall be the date of posting the notice. (e) A description of the type of monuments used for the discovery and corner monuments. (f) A description of the claim by reference to some natural object, or permanent monument, as will identify the claim located. (Amended by Stats. 1991, Ch. 494, Sec. 1.)
  60. 3901.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A locator of a lode mining claim must mark the claim’s boundaries, keep the claim within stated size limits, and place marked monuments at each corner within 60 days of location.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 vein or lode, or more than 300 feet on either side thereof as measured from the centerline of the vein at the surface. Within 60 days after the date of location of any lode mining claim located, the locator shall erect at each corner of the claim, a monument as defined in Section 3915. Each corner monument so erected shall bear or contain markings sufficient to appropriately designate the corner of the mining claim and the name of the claim to which it pertains. (Amended by Stats. 1991, Ch. 494, Sec. 2.)
  61. 3902.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A placer claim must be located by posting a notice on a monument at the discovery point, marking the boundaries, and placing corner monuments with the required markings.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 notice of location containing all of the following: (1) The name of the claim. (2) The name, current mailing address or current residence address, of the locator. (3) The date of the location, which shall be the date of posting the notice. (4) The number of feet or acreage claimed. (5) A description of the claim by reference to some natural object or permanent monument as will identify the claim located. (b) By marking the boundaries so that they may be readily traced and by erecting at each corner of the claim, or at the nearest accessible points thereto, a conspicuous and substantial monument. Each corner monument shall bear or contain markings sufficient to appropriately designate the corner of the mining claim to which it pertains and the name of the claim. Where the United States survey has been extended over the land embraced in the location, the claim may be taken by legal subdivisions and no other reference than those of the survey shall be required, and the boundaries of a claim so located and described need not be staked or monumented. The description by legal subdivisions shall be deemed the equivalent of marking. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  62. 3903.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A lode or placer mining location that is subject to relocation must be relocated in the same way an original location is made.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  63. 3904.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A locator or relocator may perfect a qualifying placer mining claim by digging an open cut and removing at least seven cubic yards of material, if the work is finished by December 14, 1935.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 former Sections 1426da and 1426dc of the Civil Code for the reason that literal compliance therewith was not feasible, the locator or relocator may perfect his or her claim by excavating an open cut thereon and removing from the cut not less than seven cubic yards of material if the work is completed not later than December 14, 1935. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  64. 3905.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    If a locator does not comply with Sections 3900, 3901, or 3903, the mining location becomes null and void, unless the failure can be cured under Section 3908.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 Section 3908, in which event the location shall be voidable. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  65. 3906.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    The locator of a tunnel right or location must mark the tunnel location with a conspicuous, substantial monument and post a notice of location on it.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 on which there shall be posted a notice of location, which notice shall contain all of the following: (a) The name, current mailing address or current residence address, of the locator. (b) The date of location, which shall be the date of posting the notice. (c) The proposed course or direction of the tunnel. (d) A description of the tunnel by reference to some natural object or permanent monument as will identify the claim or tunnel right. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  66. 3907.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Tunnel boundary lines must be marked on the surface with conspicuous, substantial monuments at intervals of no more than 600 feet.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 commencement of the tunnel to the terminus of 3,000 feet therefrom. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  67. 3908.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A mining claim locator, or the locator’s assigns, may file an amended notice if certain defects or filing problems exist, and if it does not interfere with others’ existing rights.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 complied with before filing, or in case the original notice was made prior to April 28, 1939, and he or she is desirous of securing the benefit of this chapter, the locator, or his or her assigns, may file an amended notice, subject to this chapter, if the amended location notice does not interfere with the existing rights of others at the time of posting and filing the amended location notice. No amended location notice or the record thereof precludes the claimant from proving any title as he or she may have held under previous locations. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  68. 3909.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A locator or the locator’s assigns must have the claim surveyed, record the survey field notes, and file a surveyor’s certificate with the location notice.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 connected with the corner of the public or minor surveys of an established initial point, and incorporates into the record of the claim the field notes of the survey, and attaches to and files with the location notice a certificate of the surveyor setting forth all of the following: (a) The survey was actually made by him or her, giving the date thereof. (b) The name of the claim surveyed and the location thereof. (c) The description incorporated in the declaratory statement is sufficient to identify the claim. The survey and certificate becomes a part of the record, and the record is prima facie evidence of the facts contained therein. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  69. 3910.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Certain mining claim holders and qualified persons may locate up to five acres of nonmineral land as a millsite, and they must mark the location and claim boundaries as required, subject to stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 not more than five acres of nonmineral land as a millsite. The location shall be made and the claim boundaries marked in the same manner as required by Section 3902 for locating placer claims, except that the monument in or on which the notice of location is posted may be erected anywhere within the claim, and location work is not required. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  70. 3911.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    The locator must record a copy of the notice and a boundary statement with the county recorder within 90 days after posting notice of location. Willfully making a false statement about a mining claim is a misdemeanor and can be punished by a fine, jail time, or both.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 office of the county recorder of the county in which the claim is situated, a true copy of the notice together with a statement by the locator of the markings of the boundaries as required by this chapter and the character of the markings, which statement also shall include the section or sections, township, range, and meridian of the United States survey within which all, or any part, of the claim is located. Any person who willfully makes a false statement with respect to any mining claim on the posted location notice or on the recorded notice, or accompanying statement, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  71. 3912.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    The yearly work, improvements, or maintenance fee for holding a mining claim must match what U.S. law prescribes.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 shall be that prescribed by the laws of the United States. (Amended by Stats. 1995, Ch. 527, Sec. 3. Effective January 1, 1996.)
  72. 3913.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A mining claim affidavit must be recorded with the county recorder within 30 days after the required labor, improvements, or maintenance fee payment time.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 a maintenance fee was paid, or someone in his or her behalf, within 30 days after the time required by law for performing the labor, making the improvements, or paying the maintenance fee, shall make and have recorded by the county recorder in the county in which the mining claim is situated an affidavit setting forth all of the following: (1) The name of the claim and the serial number, if any, assigned to the claim by the Bureau of Land Management in the United States Department of Interior. (2) A reference by book and page or document number to the public record of the notice of location of the claim and, if amended, of the last recorded amendment thereof. (3) The section or sections, township, range, and meridian of the United States survey within which all or any part of the claim is located. (4) A description of the labor performed or improvements made upon or for the benefit of the claim for which the proof is made, the value of each item, and the dates on which, or the period of time within which, the labor was performed or the improvement was made, or a statement that a maintenance fee in the amount prescribed by the laws of the United States has been or will be paid, the amount of the maintenance fee, and the date of payment or anticipated payment. (5) The name and current mailing address of the person who makes the proof and of the owner of the claim, as known to the affiant. (6) A statement that the claim is held and claimed by the owner, or the person making the proof if he or she is entitled to possession thereof, for the valuable mineral contained therein. (7) The name and address of the person who performed or made the work and improvements described in the affidavit as known to the affiant, if applicable. (8) A statement that all monuments required by law to have been erected upon the claim and all notices required by law to have been posted on the claim or copies thereof were in place at a date within the assessment year for which the affidavit is made and a statement of the date. (9) A statement that, at that date, each corner monument bore or contained a marking sufficient to appropriately designate the corner of the mining claim to which it pertains and the name of the claim. (b) An affidavit recorded as required by subdivision (a), or a copy thereof duly certified by the county recorder, shall be prima facie evidence of the performance of the labor, the making of the improvements, or the payment of the maintenance fee as stated in the affidavit. (c) (1) The neglect or failure of the owner of any mining claim to record, or cause to be recorded, within the time allowed by this section an affidavit containing the statements required by subdivision (a) creates a prima facie presumption of the act and intent of the owner to abandon the claim at the end of the assessment year within which the labor should have been performed, the improvements should have been made, or the maintenance fee should have been paid under the laws of the United States, and imposes the burden of proof upon the owner of the claim to show that the labor has been performed, that the improvements have been made, or that the maintenance fee has been paid in any contest, suit, or proceeding touching the title to the claim. (2) If the affidavit is executed and recorded by anyone other than an owner within the 30-day period, and the owner apprehends that there are deficiencies in the recorded affidavit, he or she may supplement the recorded affidavit by further affidavit to comply with the section and may record the supplemental affidavit within 30 days following the last day of the 30-day period after the time required by law for performance of the work, making of improvements, or payment of the maintenance fee, and thereby obtain the prima facie evidence of the performance of labor, the making of improvements, or the payment of the maintenance fee, and avoid the prima facie presumption of abandonment and the burden of proving the performance of labor, the making of improvements, or the payment of the maintenance fee required by law. (d) Any person who willfully makes a false statement with respect to any mining claim on the affidavit required by subdivision (a), or on the supplementary affidavit permitted by subdivision (c), is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Amended by Stats. 2016, Ch. 95, Sec. 1. (AB 1734) Effective January 1, 2017.)
  73. 3914.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A board of supervisors may require tax proof before a mining-claim affidavit or notice of intent to hold is recorded.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 unsecured tax levied against the mining claim on which the affidavit or notice of intent to hold is filed, along with any delinquent unsecured taxes levied against the person filing the affidavit or notice of intent to hold, prior to the recordation of the affidavit or notice of intent to hold. If a resolution is adopted by the board of supervisors pursuant to this section, it may include the following provisions, and any other provisions determined by the board as necessary to carry out the intent of this section: (a) A provision prohibiting the county recorder from accepting the affidavit or notice of intent to hold for recordation without the tax collector’s certification that the taxes have been paid. (b) A provision requiring the following: (1) That, when taxes are paid, the tax collector issue a receipt or certificate of payment for use in certification of the affidavit or notice of intent to hold. (2) That the county recorder forward the affidavit or notice of intent to hold to the tax collector if the county recorder receives an affidavit for recording by mail and the affidavit or notice of intent to hold does not contain the tax collector’s certification that the taxes have been paid. (3) That, if applicable, the tax collector then certify that the taxes have been paid on the face of the affidavit or notice of intent to hold and return the document to the county recorder for recording. (4) That, if the taxes have not been paid, the tax collector return the affidavit unrecorded to the filer. (Amended by Stats. 1990, Ch. 992, Sec. 1.)
  74. 3915.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    This section limits which monuments may be used for mining claims, allows witness monuments in certain difficult terrain, and requires removal of noncompliant monuments by stated deadlines.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3915. (a) The following are the only monuments which may be used pursuant to this chapter: (1) A wooden post not less than 11/2 inches in diameter projecting at least two feet above the ground. (2) A mound of stone projecting at least two feet above the ground. (3) A nonperforated, capped metal post or solid metal rod, not less than one inch in diameter and projecting at least two feet above the ground. (b) Where, by reason of precipitous ground, it is impractical or dangerous to place a monument in its true position, a witness monument may be erected as near thereto as the nature of the ground will permit and marked so as to identify the true position. (c) Where, by reason of working the claim, it is impractical or dangerous to maintain a monument in its true position, a witness monument shall be erected as near thereto as the nature of the ground will permit and marked so as to identify the true position. (d) Any person using on January 1, 1992, or who has previously erected, any monument or object other than those defined in this section for the purposes of this chapter shall have until January 1, 1995, to comply with this section or remove those monuments which are not in compliance. (e) Within 180 days of abandonment, relinquishment, or loss of a claim, in effect on January 1, 1992, all monuments pertaining to that claim shall be permanently removed by the locator. A person who violates this subdivision shall be subject to a fine of not more than fifty dollars ($50) for each monument which is not removed and additionally liable for any cost incurred by the federal, state, or county government agency which removes any monument or has it removed. (Amended by Stats. 1991, Ch. 494, Sec. 3.)
  75. 3916.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A person may not remove, alter, destroy, or take down required mining-claim markers or notices without the owner’s consent.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 of the owner thereof, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred dollars ($200) or by imprisonment in the county jail for not more than six months, or by both the fine and imprisonment. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  76. 3917.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    If coowners of a mining claim give notice to a delinquent coowner, they must attach the required affidavit and record the notice and affidavit with the county recorder within the stated deadline.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 United States, an affidavit of the person giving the notice, stating the time, place, manner of service, and by whom and upon whom service was made, shall be attached to a true copy of the notice. The notice and affidavit shall be recorded in the office of the county recorder, in books kept for that purpose, in the county in which the claim is situated, within 90 days, after the giving of the notice. For recording the notice and affidavit, the recorder shall receive the same fees as are allowed by law for recording deeds. If the notice is given by publication in a newspaper, there shall be attached to a printed copy of the notice an affidavit of the printer or his or her foreman, or principal clerk of the newspaper, stating the date of the first, last, and each insertion of the notice therein, and where the newspaper was published during that time, and the name of the newspaper. The affidavit and notice shall be recorded within 180 days after the first publication thereof. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  77. 3918.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    The original notice and affidavit, or a certified copy, is prima facie evidence of certain failures to contribute to mining-related expenditures, unless the writing or affidavit in Section 3919 is on record.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 United States has failed or refused to contribute his or her proportion of the expenditure required by that section, and of the service of publication of the notice, unless the writing or affidavit specified in Section 3919 is of record. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  78. 3919.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    If a delinquent co-owner pays the required share and notice costs within 90 days, the other co-owners must give a written acknowledgment and the writing must be recorded with the county recorder.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 also all costs of service of the notice required by Section 3917, whether incurred for publication charges or otherwise, the coowner or coowners shall sign and deliver to the delinquent or delinquents a writing, stating that the delinquent or delinquents by name has, within the time required by that Section 2324, contributed his or her share for the year ____, upon the ____ mine, and further stating therein the district, county, and state wherein the claim is situated, and the book and page where the location notice is recorded, if the claim was located under this chapter. The writing shall be recorded in the office of the county recorder of the county, for which he or she shall receive the same fees as are allowed by law for recording deeds. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  79. 3920.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    If a coowner does not sign and deliver the writing within 20 days after the contribution, that coowner owes the delinquent a $100 penalty. If the writing is not delivered, the delinquent may also make an affidavit with two disinterested witnesses.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 ($100) to be recovered by the delinquent in any court of competent jurisdiction. If the coowner fails to deliver the writing within 20 days after the contribution, the delinquent, with two disinterested persons having personal knowledge of the contribution, may make an affidavit setting forth in what manner, the amount of, to whom, and upon what claim, the contribution was made. The affidavit, or a record thereof in the office of the county recorder of the county in which the claim is situated, is prima facie evidence of the contribution. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  80. 3921.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A county-recorder record of a mining claim, millsite, or tunnel right must be accepted as evidence in state courts and treated with the same force as the original notice.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 effect in the courts of the state as the original notice. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  81. 3922.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Duly certified copies of recorded instruments under this chapter may be used as evidence.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 and rules as are provided by law for using copies of instruments relating to real estate, duly executed or acknowledged or proved and recorded. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  82. 3923.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    This chapter does not change or abolish any mining district or its rules and regulations within the state.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3923. This chapter does not in any manner affect or abolish any mining district or the rules and regulations thereof within the state. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  83. 3924.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    When a dissolved mining district is involved, the district’s record custodians must file certain mining-claim records with the county recorder, and county recorders must accept them.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 1. Manner of Locating Mining Claims, Tunnel Rights, and Millsites [3900 - 3924] ( Chapter 1 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 the county recorder of the county, in which the district is located, all records of location notices or other documents affecting titles to mining claims in the mining district, shown by the records of the district. County recorders of the counties shall accept any location notices and other documents affecting title to mining claims of dissolved mining districts. Thereafter all notices and documents shall be open for public inspection. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  84. 3940.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A mining partnership exists when two or more people own or acquire a mining claim to work it and extract minerals, and they actually work the claim.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. To the extent not inconsistent with this chapter, mining partnerships shall be governed in the same manner as other general partnerships would be governed pursuant to Section 16111 of the Corporations Code, by the Uniform Partnership Act (Chapter 1 (commencing with Section 15001) of Title 2 of the Corporations Code), or the Uniform Partnership Act of 1994 (Chapter 5 (commencing with Section 16100) of Title 2 of the Corporations Code). (Amended by Stats. 1996, Ch. 1003, Sec. 3. Effective January 1, 1997.)
  85. 3941.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A mining partnership can exist without an express agreement; it arises from owning shares or interests in a mine and working it to extract minerals.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. The relation arises from the ownership of shares or interests in a mine and working it for the purpose of extracting the minerals therefrom. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  86. 3942.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A member of a mining partnership shares profits and losses in proportion to the member’s interest or share in the mine.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 number of shares. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  87. 3943.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Each member of a mining partnership has a lien on partnership property for partnership debts and for money advanced for its use.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. This lien exists notwithstanding that there is an agreement among the partners that it shall not. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  88. 3944.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Mining ground owned and worked by partners in mining is partnership property.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3944. The mining-ground owned and worked by partners in mining, whether purchased with partnership funds or not, is partnership property. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  89. 3945.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A partner in a mining partnership may transfer their interest in the mine and business without ending the partnership, and the buyer becomes a partner on the date of purchase.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3945. One of the partners in a mining partnership may convey his or her interest in the mine and business without dissolving the partnership. The purchaser, from the date of his or her purchase, becomes a member of the partnership. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  90. 3946.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A buyer of an interest in mining partnership ground takes it subject to existing liens, unless the buyer purchased in good faith, for valuable consideration, and without notice of the lien.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 benefit of the partnership, unless he or she purchased in good faith, for a valuable consideration, without notice of that lien. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  91. 3947.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A purchaser of a partner’s interest in a mine takes subject to liens linked to the partners’ relationship and the partnership’s creditors when the mine is being worked.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 creditors of the partnership. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  92. 3948.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A member, agent, or manager of a mining partnership cannot bind the partnership by a written contract unless the members gave express authority.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  93. 3949.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A majority decision of the members in a mining partnership binds the partnership in running its business.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  94. 3950.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    This chapter does not apply to operations that extract oil, gas, or other hydrocarbons.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 2. Mining Partnerships [3940 - 3950] ( Chapter 2 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3950. This chapter does not apply to any operations for the extraction of oil, gas, and other hydrocarbons. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  95. 3960.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    This chapter does not apply to placer mine operators who hold a permit to operate from the California Debris Commission.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3960. This chapter does not apply to any placer mine operator who holds a permit to operate from the California Debris Commission. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  96. 3961.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Operators of placer mines in the specified Sacramento or San Joaquin River areas must file a verified statement with the county recorder within 30 days after starting operations.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 Joaquin River shall record a verified statement in the office of the county recorder of the county in which his or her mine is situated, within 30 days after the commencement of operations. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  97. 3962.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    The operator, or someone acting for the operator, must verify the verified statement and include specified information.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 placer mining methods, described by United States government subdivisions if possible. (b) The names and addresses of the owners of the ground. (c) The names and addresses of the operators of the mine. (d) The proposed means or method of placer mining operation. (e) The means which the operator proposes to use to prevent the pollution of any stream by the effluent from the operations. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  98. 3963.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    If an owner or operator changes address, ownership, or the operator of a mining property, a notice naming and addressing the new owners or operators must be filed with the county recorder within 10 days.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 new owners or operators shall be filed in the office of the county recorder. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  99. 3964.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A placer mining operator must not mine by the placer process on covered streams or their watersheds unless both pollution-control precautions are taken.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 taking both of the following precautions to prevent pollution of the stream by the effluent from his or her operations: (a) Constructing a settling pond or ponds of sufficient size to permit the clarification of water used in the mining processes before the water is discharged into the stream. (b) Mixing with the effluent from mining operations aluminum sulphate and lime, or an equivalent clarifying substance which will cause the solid material in the effluent to coagulate and thus avoid rendering the water in the stream unfit for domestic water supply purposes. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  100. 3965.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    A placer miner using a dredging process may cross a stream without building a settling pond if the expense would be unduly heavy, but must give prior notice and follow the later cleanup rule.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 the stream without constructing a settling pond, if he or she is of the opinion that the expense of constructing settling ponds in the stream would be unduly heavy. Before transporting the dredger, the operator shall use the following procedure: (a) He or she shall give a notice of the intent to cross a stream to the clerk or the secretary of each city or district owning or operating a domestic water supply whose clarity is likely to be affected by the crossing operation. (b) The notice shall be given at least seven days in advance of the date that he or she expects to cross the stream with the dredger. (c) Upon the expiration of the notice, the operator may, during the following 48 hours, conduct the dredger across the stream even though some turbidity may be caused by the crossing operation. (d) After crossing the stream, the operator shall comply with subdivision (b) of Section 3964. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  101. 3966.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Anyone, firm, or corporation that violates this chapter commits a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 3966. Any person, firm, or corporation who violates this chapter is guilty of a misdemeanor. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  102. 3967.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Operating a placer mine on unpermitted ground without complying with this chapter is treated as a public nuisance and can be enjoined.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 nuisance which may be enjoined upon suit brought by the district attorney of the county in which the operation has been conducted, or by any city or district whose domestic water supply is rendered unfit or dangerous for human consumption by the acts, or failure to act, of the operator. The superior court of the county in which the operation is conducted has jurisdiction to hear and determine the action and to award relief as may be proper. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  103. 3968.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    This section preserves existing rights to bring actions or proceedings and to obtain remedies under existing law.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 3. Placer Mining Water Pollution [3960 - 3968] ( Chapter 3 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 maintain prior to April 8, 1953, or to receive or obtain in the action any remedy accorded to it under existing law. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  104. 3980.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Items such as sluice boxes, flumes, hoses, pipes, railway tracks, cars, blacksmith shops, mills, and other machinery or tools used to work or develop a mine are treated as affixed to the mine.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  105. 3981.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Hydraulic mining may be carried on in the state if it causes no material injury to navigable streams or nearby lands.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  106. 3982.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    This section defines “hydraulic mining” for Section 3981 as mining that uses water under pressure through a nozzle against a natural bank.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  107. 3983.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Certain California mining corporations may set up share-transfer agencies in other states, and those agencies must follow the corporation’s bylaws and directors.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 issuing of its shares. A transfer or issue of the shares of the corporation at any of its transfer agencies, in accordance with its bylaws, is valid and binding as fully and effectually for all purposes as if made upon the books of the corporation at its principal office within this state. The transfer agencies shall be governed by the bylaws and the directors of the corporation. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  108. 3984.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Shareholders of mining corporations may inspect the mine with an expert, and the corporation must provide an order and full access when requested.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 part thereof, at any time he or she may see fit. When the shareholder applies to the president of the corporation, the president shall immediately cause the secretary thereof to issue and deliver to the shareholder an order, under the seal of the corporation, directed to the superintendent, commanding him or her to show and exhibit parts of the mines that the shareholder named in the order may desire to visit and examine. The superintendent, on receiving the order, shall furnish the shareholder every facility for making a full and complete inspection of the mines, and of the workings therein, and shall either accompany the shareholder in person or furnish some person familiar with the mines to accompany the shareholder in the visit to and through the mines and every part thereof. If the superintendent fails to obey the order, the shareholder may recover, in any court of competent jurisdiction, against the corporation, the sum of one thousand dollars ($1,000) and traveling expenses to and from the mine, as liquidated damages, together with costs of suit. In case of a refusal, the directors of the corporation shall immediately remove the officer so refusing, and thereafter he or she shall not be employed directly or indirectly by the corporation and shall not be paid any salary. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  109. 3985.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. )

    Verify source ↗

    Grubstake contracts and prospecting agreements affecting mining titles must be recorded and acknowledged, or they are void.

    ## Public Resources Code - PRC ## DIVISION 3.5. MINES AND MINING [3900 - 3985] ( Division 3.5 added by Stats. 1988, Ch. 259, Sec. 11. ) ## CHAPTER 4. Miscellaneous Provisions [3980 - 3985] ( Chapter 4 added by Stats. 1988, Ch. 259, Sec. 11. ) ## 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 this state, shall be void and of no effect unless the instrument has first been recorded in the office of the county recorder of the county in which the instrument is made. The instrument shall be duly acknowledged before a notary public or other person competent to take acknowledgments. Grubstake contracts and prospecting agreements, duly acknowledged and recorded as provided for in this section, shall be prima facie evidence in all courts in this state in all cases where the title to mining locations and other locations under the mining laws of this state are in dispute. (Added by Stats. 1988, Ch. 259, Sec. 11.)
  110. 4.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Earlier proceedings and accrued rights are not affected by this code; later procedure in those matters should conform to the code as far as possible.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 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 provisions of this code so far as possible. (Enacted by Stats. 1939, Ch. 93.)
  111. 40000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The Legislature finds that California’s solid waste problem is large and growing, landfill use is high, and the state needs an aggressive integrated waste management program.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 policies are continued. This amounts to more than 1,500 pounds of waste per person living in the state, more than any other state in the country and over twice the per-capita rate of most other industrialized countries. (b) Over 90 percent of California’s solid waste currently is disposed of in landfills, some of which pose a threat to groundwater, air quality, and public health. (c) While California will exhaust most of its remaining landfill space by the mid-1990s, there presently is no coherent state policy to ensure that the state’s solid waste is managed in an effective and environmentally sound manner for the remainder of the 20th century and beyond. (d) The amount of solid waste generated in the state coupled with diminishing landfill space and potential adverse environmental impacts from landfilling constitutes an urgent need for state and local agencies to enact and implement an aggressive new integrated waste management program. (e) The reduction, recycling, or reuse of solid waste generated in the state will, in addition to preserving landfill capacity in California, serve to conserve water, energy, and other natural resources within this state, and to protect the state’s environment. (Amended by Stats. 2004, Ch. 183, Sec. 300. Effective January 1, 2005.)
  112. 40001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says solid waste management is shared by the state and local governments, and the state must coordinate, oversee local plans, and help reduce duplication and costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 40001. (a) The Legislature declares that the responsibility for solid waste management is a shared responsibility between the state and local governments. The state shall exercise its legal authority in a manner that ensures an effective and coordinated approach to the safe management of all solid waste generated within the state and shall oversee the design and implementation of local integrated waste management plans. (b) The Legislature further declares that it is the policy of the state to assist local governments in minimizing duplication of effort, and in minimizing the costs incurred, in implementing this division through the development of regional cooperative efforts and other mechanisms which comply with this division. (c) The Legislature further declares that market development is the key to successful and cost-effective implementation of the 25-percent and 50-percent diversion requirements required pursuant to Section 41780, and that the state must take a leadership role, pursuant to Chapter 1 (commencing with Section 42000) of Part 3, in encouraging the expansion of markets for recycled products by working cooperatively with the public, private, and nonprofit sectors. (Amended by Stats. 1997, Ch. 672, Sec. 1. Effective January 1, 1998.)
  113. 40002.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The state may authorize and require local agencies to provide adequate solid waste handling and services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 it is in the public interest for the state, as sovereign, to authorize and require local agencies, as subdivisions of the state, to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs consistent with the policies, standards, and requirements of this division and all regulations adopted pursuant to this division. This division, which authorizes and requires local agencies to provide adequate solid waste handling and services, and the actions of local agencies taken pursuant to this division, are intended to implement this state policy. (b) The Legislature further declares that restrictions on the disposal of solid waste that discriminate on the basis of the place of origin of the waste are an obstacle to, and conflict with, statewide and regional policies to ensure adequate and appropriate capacity for solid waste disposal. (Amended by Stats. 2012, Ch. 526, Sec. 1. (AB 845) Effective January 1, 2013.)
  114. 40003.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says the waste management division does not change the duties of the Department of Conservation under the Beverage Container Recycling and Litter Reduction Act.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 12.1 (commencing with Section 14500). (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  115. 40004.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The Legislature states that California needs enough solid waste processing and composting capacity, and that local control over solid waste matters should be preserved.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Findings and Declarations [40000 - 40004] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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. (2) The existing network of public and private solid waste processing and composting facilities provides a net environmental benefit to the communities served, and represents a valuable asset and resource of this state, one that must be sustained and expanded to provide the additional solid waste processing capacity that will be required to achieve the additional solid waste diversion targets expressed in Section 41780.01 and the commercial solid waste recycling requirement expressed in Section 42649. (3) The provisions in existing law that confer broad discretion on local agencies to determine aspects of solid waste handling that are of local concern have significantly contributed to the statewide diversion rate exceeding 50 percent, and further progress toward decreasing solid waste disposal requires that this essential element of local control be preserved. (b) It is the intent of the Legislature to encourage the development of the additional solid waste processing and composting capacity that is needed to meet state objectives for decreasing solid waste disposal by identifying incentives for local governments to locate and approve new or expanded facilities that meet and exceed their capacity needs, and to recognize local agencies that make significant contributions to the state’s overall solid waste reduction and recycling objectives through the siting of facilities for the processing and composting of materials diverted from the solid waste stream. (c) By setting new commercial solid waste recycling requirements in Section 42649, the Legislature does not intend to limit a right afforded to local governments pursuant to Section 40059, or to modify or abrogate in any manner the rights of a local government or solid waste enterprise with regard to a solid waste handling franchise or contract. (Added by Stats. 2011, Ch. 476, Sec. 2. (AB 341) Effective January 1, 2012.)
  116. 4001.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The chapter’s definitions control how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4001. Unless the context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1965, Ch. 1144.)
  117. 4002.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “Board” as the State Board of Forestry and Fire Protection.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4002. “Board” means the State Board of Forestry and Fire Protection. (Amended by Stats. 1998, Ch. 972, Sec. 16. Effective January 1, 1999.)
  118. 4002.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    “Cultural burn” or “cultural burning” is defined as the intentional application of fire to land by a California Native American tribe, a tribal organization, or a cultural fire practitioner for cultural goals or objectives.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 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 cultural goals or objectives, including for sustenance, ceremonial activities, biodiversity, or other benefits. (Amended by Stats. 2024, Ch. 666, Sec. 2. (SB 310) Effective January 1, 2025.)
  119. 4002.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “cultural fire practitioner.”

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 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, including for sustenance, ceremonial activities, biodiversity, or other benefits. (Amended by Stats. 2024, Ch. 666, Sec. 3. (SB 310) Effective January 1, 2025.)
  120. 4003.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    “Department” means the Department of Forestry and Fire Protection.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4003. “Department” means the Department of Forestry and Fire Protection. (Amended by Stats. 1988, Ch. 160, Sec. 150.)
  121. 4004.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “Director” as the Director of Forestry and Fire Protection.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4004. “Director” means the Director of Forestry and Fire Protection. (Amended by Stats. 1988, Ch. 160, Sec. 151.)
  122. 4004.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “prescribed grazing” as lawful grazing by specific livestock, at a chosen season, duration, and intensity, for vegetation or conservation goals.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 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, including reducing the risk of wildfire by reducing fuel loads, controlling undesirable or invasive plants, and promoting biodiversity and habitat for special status species. Prescribed grazing may involve any or multiple kinds of livestock. (Added by Stats. 2023, Ch. 519, Sec. 1. (AB 297) Effective January 1, 2024.)
  123. 4005.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines the Wildfire and Forest Resilience Task Force and says references to the Forest Management Task Force are to be read as references to that task force.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Definitions [4001 - 4005] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4005. (a) “Wildfire and Forest Resilience Task Force” means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18. (b) Any reference in any law or regulation to the Forest Management Task Force is deemed to, instead, refer to the Wildfire and Forest Resilience Task Force. (Amended by Stats. 2021, Ch. 387, Sec. 1. (SB 456) Effective January 1, 2022.)
  124. 40050.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This division is known and may be cited as the California Integrated Waste Management Act of 1989.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 40050. This division shall be known and may be cited as the California Integrated Waste Management Act of 1989. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  125. 40051.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board and local agencies must promote waste reduction, recycling, and composting, and use all feasible options to minimize disposal by transformation and land disposal.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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. (2) Recycling and composting. (3) Environmentally safe transformation and environmentally safe land disposal, at the discretion of the city or county. (b) Maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by transformation and land disposal. For wastes that cannot feasibly be reduced at their source, recycled, or composted, the local agency may use environmentally safe transformation or environmentally safe land disposal, or both of those practices. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  126. 40052.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section states the purpose of the division: to reduce, recycle, and reuse solid waste and to support related waste-management, landfill, permitting, and local-government program goals.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 other natural resources, to protect the environment, to improve regulation of existing solid waste landfills, to ensure that new solid waste landfills are environmentally sound, to improve permitting procedures for solid waste management facilities, and to specify the responsibilities of local governments to develop and implement integrated waste management programs. (Amended by Stats. 1993, Ch. 656, Sec. 1. Effective October 1, 1993.)
  127. 40053.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local governments may still impose and enforce reasonable land use conditions or restrictions on solid waste management facilities to prevent or reduce nuisances, so long as those rules do not conflict with or require less than the division’s policies, standards, and requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 restrictions on solid waste management facilities in order to prevent or mitigate potential nuisances, if the conditions or restrictions do not conflict with or impose lesser requirements than the policies, standards, and requirements of this division and all regulations adopted pursuant to this division. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  128. 40054.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The Attorney General may sue to stop a health hazard, pollution, or nuisance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 board, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin any health hazard, pollution, or nuisance. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  129. 40055.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says the waste management division does not limit certain agencies’ existing enforcement and administrative powers, but actions under the division must not duplicate or conflict with water quality control determinations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 specifically authorized or required to enforce or administer, including, but not limited to, the exercise by the state water board or the regional water boards of any of their powers and duties pursuant to Division 7 (commencing with Section 13000) of the Water Code, the exercise by the Department of Toxic Substances Control of any of its powers and duties pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, and the exercise by the State Air Resources Board or any air pollution control district or air quality management district of any of its powers and duties pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code. (b) The exercise of authority under this division, including, but not limited to, the adoption of regulations, plans, permits, or standards or the taking of any enforcement actions shall not duplicate or be in conflict with any determination relating to water quality control made by the state water board or regional water boards, including requirements in regulations adopted by or under the authority of the state water board. (c) Any plans, permits, standards, or corrective action taken under this division shall be consistent with all applicable water quality control plans adopted pursuant to Section 13170, and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7, of the Water Code and the state policies for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7 of the Water Code existing at the time of the action or proposed action. (Amended by Stats. 1996, Ch. 1041, Sec. 4. Effective January 1, 1997.)
  130. 40056.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section says the waste management division does not limit anyone’s right to bring a nuisance action.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 nuisance as defined in the Civil Code. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  131. 40057.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local governments that provide solid waste handling services must provide for those services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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, recycling, composting activities, and the collection, transfer, and disposal of solid waste within or without the territory subject to its solid waste handling jurisdiction. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  132. 40058.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Solid waste handling services must be provided by the local agency, another local agency, a solid waste enterprise, or a combination of them.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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. (b) The furnishing of the services by another local agency. (c) The furnishing of the services by a solid waste enterprise. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  133. 40058.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The department must maintain a public database of certain franchise agreements, and jurisdictions or public agencies must post current agreements on their websites and send the department direct links.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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. (2) “Public agency” means a state agency as defined in Section 40196.3, a large state facility as defined in Section 40148, or a special district, including a school district, that has the authority to provide solid waste handling services and that is within the territory of a jurisdiction. (b) The department shall create and maintain a publicly accessible database of franchise agreements between contract solid waste and recycling haulers and jurisdictions or public agencies. The database shall provide direct electronic links to the franchise agreements posted by the jurisdictions or public agencies pursuant to subdivision (c). (c) A jurisdiction or a public agency shall post on its internet website all current franchise agreements between contract solid waste and recycling haulers and the jurisdiction or the public agency, as applicable, and shall provide to the department the direct electronic link to those franchise agreements for purposes of subdivision (b). (Added by Stats. 2022, Ch. 457, Sec. 1. (AB 2048) Effective January 1, 2023.)
  134. 40059.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local governments may decide how solid waste handling is organized and delivered, including service methods, franchise arrangements, and related local terms.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 local concern, including, but not limited to, frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location, and extent of providing solid waste handling services. (2) Whether the services are to be provided by means of nonexclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding, or if, in the opinion of its governing body, the public health, safety, and well-being so require, by partially exclusive or wholly exclusive franchise, contract, license, permit, or otherwise, either with or without competitive bidding. The authority to provide solid waste handling services may be granted under terms and conditions prescribed by the governing body of the local governmental agency by resolution or ordinance. (b) Nothing in this division modifies or abrogates in any manner either of the following: (1) Any franchise previously granted or extended by any county or other local governmental agency. (2) Any contract, license, or any permit to collect solid waste previously granted or extended by a city, county, or a city and county. (Amended by Stats. 1990, Ch. 1355, Sec. 1. Effective September 27, 1990.)
  135. 40059.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section limits certain indemnity obligations in local solid waste arrangements and requires a solid waste enterprise to cooperate with the local agency and provide written defenses when administrative relief is being pursued.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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. One of the key provisions of this division is that each local agency has the responsibility for diverting 50 percent of all solid waste generated within the local agency by January 1, 2000. (2) The public policy objective of the Legislature in enacting this section is to ensure that those local agencies that require an indemnity obligation retain their responsibility for implementing the diversion requirements of this division. (b) For the purposes of this section, the following terms have the following meanings: (1) “Indemnity obligation” means any indemnity obligation directly or indirectly related to the failure of a local agency to meet the solid waste diversion requirements imposed by Chapter 6 (commencing with Section 41780) of Part 2, that is expressly assumed by, or imposed upon, the solid waste enterprise, whether pursuant to ordinance, contract, franchise, license, permit, or other entitlement or right, for the benefit of the local agency. (2) “Local agency” means any county, city, city and county, district, regional agency as defined in Section 40181, or other local government agency. (c) Any provision, term, condition, or requirement contained in any ordinance, contract, franchise, license, permit, or other entitlement or right adopted, entered into, issued, or granted, as the case may be, by a local agency for solid waste collection and handling, including the recycling, processing, or composting of solid waste, or in any request for bids or proposals in connection with any such contract or franchise, that authorizes or requires the imposition of an indemnity obligation, shall, notwithstanding any such provision, term, condition, or requirement, be subject to all of the following restrictions: (1) An indemnity obligation shall not be enforceable if the board imposed penalty is based solely upon the failure of the local agency to establish and maintain a source reduction and recycling element pursuant to Chapter 2 (commencing with Section 41000) of Part 2, Chapter 3 (commencing with Section 41300) of Part 2, or Section 41750.1, as the case may be. (2) Any board imposed penalty based upon a local agency’s failure to meet the solid waste diversion requirements imposed by Chapter 6 (commencing with Section 41780) of Part 2, resulting in whole or in part from the solid waste enterprise’s breach of contract or noncompliance with any other authorization, shall be apportioned in accordance with the percentage of fault of the local agency and the solid waste enterprise. (3) For purposes of this section, a solid waste enterprise is not liable for the indemnity obligation to the extent that the solid waste enterprise’s breach or noncompliance resulted from the action or failure to act of the local agency. (4) No payment required or imposed pursuant to an indemnity obligation, whether required or imposed by ordinance, contract, franchise, license, permit, or other entitlement or right, may exceed that portion of any penalty assessed by the board against the local agency that was caused by the solid waste enterprise’s breach or noncompliance of an express obligation or requirement. (5) No indemnity obligation shall be enforceable against a solid waste enterprise until the local agency has affirmatively sought, in good faith, all administrative relief available pursuant to Chapter 6 (commencing with Section 41780) and Chapter 7 (commencing with Section 41800) of Part 2, unless the local agency demonstrates good cause, based on substantial evidence in the record, for not pursuing that administrative relief. The solid waste enterprise shall cooperate, in good faith, with the local agency seeking that administrative relief and shall provide in writing to the local agency all known defenses to the imposition of penalties. (d) Nothing in this section shall be construed to preclude either party from seeking any other remedy under law or equity. (e) The provisions of this section are not subject to waiver, and any attempted waiver shall be null and void as against public policy. (f) This section is not intended to do any of the following: (1) Add to or expand the authority of local agencies to determine aspects of solid waste collection and handling pursuant to Section 40059. (2) Alter the authority of business entities to collect or process materials that are not solid waste. (3) Affect any contract right existing on the effective date of this section. (Added by Stats. 1998, Ch. 987, Sec. 1. Effective January 1, 1999.)
  136. 40059.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section limits when certain indemnity obligations tied to solid waste services can be enforced, especially where they relate to voter or property owner approval issues.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 impose certain property-related fees and assessments without prior property owner consent. In 2010, California voters passed Proposition 26, a further initiative that limits the ability of local agencies to impose fees, levies, charges, assessments, or other exactions without prior voter approval. These initiatives, among other things, amended Article XIII C and Article XIII D of the California Constitution. (2) The public policy objective of the Legislature in enacting this section is to ensure that those local agencies that require an indemnity obligation from solid waste enterprises, as a condition of providing solid waste handling services within the local agency’s jurisdiction, retain their responsibility for complying with Article XIII C and Article XIII D of the California Constitution. (3) This section is not intended to address or to determine whether fees for solid waste handling services are fees imposed as an incident of property ownership or fees imposed for a property-related service, within the meaning of Section 2 of Article XIII D of the California Constitution. (b) For the purposes of this section, the following terms have the following meanings: (1) “Indemnity obligation” means an indemnity obligation related to the failure of a local agency to obtain voter or property owner approval of a fee, levy, charge, assessment, or other exaction, that may be required by Article XIII C or Article XIII D of the California Constitution, if that indemnity obligation is expressly assumed by, or imposed upon, the solid waste enterprise, including pursuant to ordinance, contract, franchise, license, permit, or other entitlement or right, for the benefit of the local agency. (2) “Local agency” means a county, city, city and county, district, regional agency as defined in Section 40181, or other local government agency. (c) An indemnity obligation that meets either of the following conditions is subject to subdivision (d): (1) The indemnity obligation is imposed or required by a provision, term, condition, or requirement contained in an ordinance, contract, franchise, license, permit, or other entitlement or right adopted, entered into, issued, or granted, as the case may be, by a local agency for solid waste handling services, including the recycling, processing, or composting of solid waste. (2) The indemnity obligation is authorized or required in a request for bids or proposals in connection with a contract or franchise specified in paragraph (1). (d) Notwithstanding any provision, term, condition, or requirement, an indemnity obligation, including the duty and the cost of defense, shall be subject to the following restrictions: (1) An indemnity obligation or other provision, clause, covenant, or agreement that purports to obligate a solid waste enterprise to indemnify a local agency against liability for claims by a third party for failure to obtain voter or property owner approval of a fee, levy, charge, assessment, or other exaction in violation of Article XIII C or Article XIII D of the California Constitution is not enforceable to the extent the claims arise out of, pertain to, or relate to the liability of the local agency. (2) An indemnity obligation is not enforceable if it requires a solid waste enterprise to refund fees to its customers, if the fees are collected and retained by the local agency, or are collected on behalf of the local agency by the solid waste enterprise and have been remitted by the solid waste enterprise to the local agency, and in either case have been found by a final judgment of a court to have been imposed in violation of Article XIII C or Article XIII D of the California Constitution. (e) The provisions of this section are not subject to waiver, and any attempted waiver shall be null and void as against public policy. (f) This section is not intended to do any of the following: (1) Add to or expand the authority of local agencies to determine aspects of solid waste collection and handling specified in Section 40059. (2) Alter the authority of business entities to collect or process materials that are not solid waste. (3) Determine whether or not a fee, levy, assessment, or exaction requires voter or property owner approval by Article XIII C or Article XIII D of the California Constitution. (g) This section shall only apply to a provision, term, condition, or requirement contained in an ordinance, contract, franchise, license, permit, or other entitlement or right adopted, entered into, issued, or granted on or after July 1, 2012. (h) This section shall become operative on July 1, 2012. (Added by Stats. 2011, Ch. 713, Sec. 1. (SB 841) Effective January 1, 2012. Section operative July 1, 2012, by its own provisions.)
  137. 40059.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local ordinances may not block solid waste importation into a privately owned facility just because of where the waste came from.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 facility in that city or county based on the place of origin. (b) This section does not do any of the following: (1) Require a privately owned solid waste facility or privately operated solid waste facility to accept solid waste from outside the city or county where the facility is located. (2) Allow a privately owned solid waste facility to abrogate a written agreement guaranteeing permitted capacity to a host jurisdiction, including a regional agency. (3) Prohibit a city, county, or regional agency from requiring a privately owned solid waste facility to guarantee permitted capacity to a host jurisdiction, including a regional agency. (4) Supersede or otherwise affect the land use authority of a city or county, including, but not limited to, planning, zoning, and permitting, or an ordinance lawfully adopted pursuant to that land use authority. (Added by Stats. 2012, Ch. 526, Sec. 2. (AB 845) Effective January 1, 2013.)
  138. 40059.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Local governments may not require an exclusive franchise, contract, license, or permit for hauling certain food or beverage byproducts when the listed conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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. (2) An entity exempted from registration pursuant to Section 110480 of the Health and Safety Code. (3) A beer manufacturer, as defined in Section 23012 of the Business and Professions Code. (4) A distilled spirits manufacturer, as defined in Section 23015 of the Business and Professions Code. (b) A county, city, district, or local governmental agency shall not subject the hauling of byproducts from the processing of food or beverages to an exclusive franchise, contract, license, or permit, if those byproducts meet all of the following conditions: (1) The byproducts originate from agricultural or industrial sources. (2) The byproducts do not include animal, including fish, processing byproducts. (3) The byproducts are source separated by the generator of the byproducts. (4) The byproducts are not discarded. (5) The byproducts are used as animal feed. (Added by Stats. 2018, Ch. 832, Sec. 1. (AB 3036) Effective January 1, 2019.)
  139. 40060.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A regional water board generally may not issue a waste discharge permit for certain new landfills or lateral expansions, and it may not grant a variance for some landfill projects in the Main San Gabriel Groundwater Basin.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand. (b) A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water quality control board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, “groundwater” means the uppermost aquifer usable for beneficial purposes. (c) Nothing in this section precludes any local jurisdiction from exercising any power which it has pursuant to any other provision of law. (d) The following definitions govern the construction of this section: (1) “Landfill used for the disposal of nonhazardous solid waste” means a disposal site regulated by a regional water board as a Class III landfill pursuant to Sections 2533 and 2541 of Title 23 of the California Code of Regulations. (2) “Lateral expansion” means a new or expanded waste management unit which is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this title. For purposes of subdivision (f), “lateral expansion” does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code. (e) The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements. (f) Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles. (Added by Stats. 1990, Ch. 35, Sec. 17. Effective March 30, 1990.)
  140. 40061.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Certain local agencies must regularly inform residential households about solid-waste volumes and costs, and may use newspaper publication in limited cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 which directly charges residential customers a fee which represents less than 90 percent of the average cost of collecting, transporting, and disposing of residential solid waste shall, at least once every three months, arrange to inform all residential households of all of the following: (1) The average monthly volume of solid waste produced by each residential household. (2) The total estimated monthly cost to the local agency to collect, transport, and dispose of all solid waste produced by residential households. (3) The average monthly cost to the local agency to collect, transport, and dispose of solid waste produced by each residential household. (b) For the purposes of this section, “residential household” means those single and multifamily residential units which are not charged a periodic fee for the collection, transportation, and disposal of solid waste or which are assessed a periodic fee which represents less than 90 percent of the local agency’s total cost of providing these services. (c) The notification provided under subdivision (a) may, not more than twice in any calendar year, be made by publication in a newspaper of general circulation in the county in which the local agency is located. (d) Unless notification is made by publication, when possible, the notification provided under subdivision (a) shall be distributed by each local agency to residential households in a manner that results in no distribution costs to the local agency in excess of distribution costs otherwise incurred for other purposes. (Amended by Stats. 1991, Ch. 1085, Sec. 1.)
  141. 40062.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board and enforcement agencies must protect identified trade-secret information from public inspection, while people submitting information must identify trade secrets when they submit them.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 for the purpose of implementing its programs, neither the board nor an enforcement agency, in accordance with subdivisions (c) and (d), shall make available for inspection by the public any portion of the report, notice, application, plan, or other document that contains a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that has been identified pursuant to subdivision (b). (b) Any person furnishing information, as described in subdivision (a), to the board or an enforcement agency pursuant to this division shall, at the time of submission, identify all information that the person believes is a trade secret. Any information not identified by the person as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law. (c) (1) With regard to information that has been identified as a trade secret pursuant to subdivision (b), the board, upon its own initiative, or upon receipt of a request for public information pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, shall determine whether any or all of the information has been properly identified as a trade secret. If the board determines that the information is not a trade secret, the board shall notify the person who furnished the information by certified mail. (2) The person who furnished the information shall have 30 days from the date of receipt of the notice required by paragraph (1) to provide the board with a complete justification and statement of the grounds on which the trade secret privilege is claimed. The justification and statement shall be submitted to the board by certified mail. (3) The board shall determine whether the information is protected as a trade secret within 15 days from the date of receipt of the justification and statement or, if no justification and statement is filed, within 45 days from the date of the notice required by paragraph (1). The board shall notify the person who furnished the information and any party who has requested the information pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code of that determination by certified mail. If the board has determined that the information is not protected as a trade secret, this final notice shall also specify a date, not sooner than 15 days from the date of the mailing of the final notice, when the information shall be available to the public. (d) Except as provided in subdivision (c), the board or an enforcement agency may release information submitted and designated as a trade secret only to the following public agencies under the following conditions: (1) To other public agencies in connection with the responsibilities of the board or an enforcement agency under this division or for use in making reports. (2) To the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information. (e) For the purpose of implementing this section, the disclosure of information shall be consistent with Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 389. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  142. 40063.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If a county under 250,000 residents asks, the board and the state water board may meet with the county to help prioritize solid waste environmental concerns through a five-year plan.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 1. General Provisions [40000 - 40063] ( Chapter 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. General Provisions [40050 - 40063] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 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 plan, state environmental concerns with regard to solid waste management in relation to the fiscal and staffing constraints on the county. (Added by Stats. 1996, Ch. 1038, Sec. 3. Effective September 29, 1996.)
  143. 40100.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    The definitions in this article govern how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40100. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  144. 40105.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “authorized recycling agent” as a person authorized or contracted by a local governing body or private commercial entity to collect recyclable waste material.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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. An authorized recycling agency may be a municipal collection service, private refuse hauler, private recycling enterprise, or private nonprofit corporation or association. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  145. 40106.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “biomass conversion” and “nonrecyclable pulp or nonrecyclable paper materials.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 materials, when separated from other solid waste: (1) Agricultural crop residues. (2) Bark, lawn, yard, and garden clippings. (3) Leaves, silvicultural residue, and tree and brush pruning. (4) Wood, wood chips, and wood waste. (5) Nonrecyclable pulp or nonrecyclable paper materials. (b) “Biomass conversion” does not include the controlled combustion of recyclable pulp or recyclable paper materials, or materials that contain sewage sludge, industrial sludge, medical waste, hazardous waste, or either high-level or low-level radioactive waste. (c) For purposes of this section, “nonrecyclable pulp or nonrecyclable paper materials” means either of the following, as determined by the department: (1) Paper products or fibrous materials that cannot be technically, feasibly, or legally recycled because of the manner in which the product or material has been manufactured, treated, coated, or constructed. (2) Paper products or fibrous materials that have become soiled or contaminated and as a result cannot be technically, feasibly, or legally recycled. (Amended by Stats. 2014, Ch. 746, Sec. 1. (SB 498) Effective January 1, 2015.)
  146. 40110.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40110. “Board” means the Department of Resources Recycling and Recovery, or the Director of Resources Recycling and Recovery, as appropriate. (Amended by Stats. 2009, Ch. 21, Sec. 5. (SB 63) Effective January 1, 2010.)
  147. 40115.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section says that “city” or “county” also includes a city and county.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40115. “City” or “county” includes city and county. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  148. 40115.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “closed disposal site” as a disposal site that no longer accepts solid waste and is closed under the applicable laws and local ordinances in force at closure.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 closure. (Added by Stats. 2008, Ch. 500, Sec. 1. Effective January 1, 2009.)
  149. 40116.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “compost” as a product made by controlled biological decomposition of source-separated organic wastes, including certain vegetable, yard, and wood wastes that are not hazardous waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 centralized facility. “Compost” includes vegetable, yard, and wood wastes which are not hazardous waste. (Amended by Stats. 1990, Ch. 145, Sec. 3. Effective June 19, 1990.)
  150. 40116.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “composting” as the controlled or uncontrolled biological decomposition of organic wastes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40116.1. “Composting” means the controlled or uncontrolled biological decomposition of organic wastes. (Added by Stats. 2008, Ch. 500, Sec. 2. Effective January 1, 2009.)
  151. 40117.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “gasification” and sets technical and compliance criteria the technology must meet.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 the following criteria: (a) The technology does not use air or oxygen in the conversion process, except ambient air to maintain temperature control. (b) The technology produces no discharges of air contaminants or emissions, including greenhouse gases, as defined in subdivision (g) of Section 38505 of the Health and Safety Code. (c) The technology produces no discharges to surface or groundwaters of the state. (d) The technology produces no hazardous waste. (e) To the maximum extent feasible, the technology removes all recyclable materials and marketable green waste compostable materials from the solid waste stream prior to the conversion process and the owner or operator of the facility certifies that those materials will be recycled or composted. (f) The facility where the technology is used is in compliance with all applicable laws, regulations, and ordinances. (g) The facility certifies to the board that any local agency sending solid waste to the facility is in compliance with this division and has reduced, recycled, or composted solid waste to the maximum extent feasible, and the board makes a finding that the local agency has diverted at least 30 percent of all solid waste through source reduction, recycling, and composting. (Amended by Stats. 2008, Ch. 179, Sec. 192. Effective January 1, 2009.)
  152. 40118.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Department” means the Department of Resources Recycling and Recovery.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40118. “Department” means the Department of Resources Recycling and Recovery. (Added by Stats. 2010, Ch. 275, Sec. 1. (SB 390) Effective January 1, 2011.)
  153. 40120.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “designated recycling collection location.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 segregated from other waste material. “Designated recycling collection location” includes, but is not limited to, the curbside of a residential neighborhood or the service alley of a commercial enterprise. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  154. 40120.05.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “Director” as the Director of Resources Recycling and Recovery.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40120.05. “Director” means the Director of Resources Recycling and Recovery. (Added by Stats. 2009, Ch. 21, Sec. 6. (SB 63) Effective January 1, 2010.)
  155. 40120.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Disposal” and “dispose” mean the same as “solid waste disposal” under Section 40192.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40120.1. “Disposal” or “dispose” has the same meaning as “solid waste disposal” as defined in Section 40192. (Amended by Stats. 2008, Ch. 500, Sec. 3. Effective January 1, 2009.)
  156. 40121.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “disposal facility” or “facility” as a place where solid waste is disposed of, or as an EMSW conversion facility.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40121. “Disposal facility” or “facility” means a facility or location where disposal of solid waste occurs or an EMSW conversion facility. (Amended by Stats. 2013, Ch. 411, Sec. 1. (AB 1126) Effective January 1, 2014.)
  157. 40122.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “disposal site” or “site” as land or premises used, intended to be used, or previously used for disposing of solid wastes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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. (Amended by Stats. 2008, Ch. 500, Sec. 4. Effective January 1, 2009.)
  158. 40124.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “diversion” as activities that reduce or eliminate solid waste from solid waste disposal.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 6. (Added by Stats. 1996, Ch. 978, Sec. 2. Effective January 1, 1997.)
  159. 40127.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “diversion program.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 Chapter 3 (commencing with Section 41300) of, Part 2 and that has the purpose of diverting solid waste from landfill disposal or transformation through source reduction, recycling, and composting activities. “Diversion program” additionally includes any amendments, revisions, or updates to the element, and any programs set forth in a time extension, alternative requirement, or compliance order approved by the board pursuant to Part 2 (commencing with Section 40900). (Added by Stats. 2008, Ch. 343, Sec. 2. Effective January 1, 2009.)
  160. 40130.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “enforcement agency” as the local agency designated for carrying out this division, or the board if no local agency has been approved.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 designation of a local agency has been approved by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  161. 40131.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “enforcement program” as the regulations and procedures adopted by the board under the referenced chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40131. “Enforcement program” means the regulations and procedures adopted by the board pursuant to Chapter 2 (commencing with Section 43200) of Part 4. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  162. 40131.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “EMSW conversion” and “EMSW facility” and lists the technical requirements a conversion process must meet.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 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 is beneficial and effective in that it replaces or supplements the use of fossil fuels. (2) The waste to be converted, the resulting ash, and any other products of conversion do not meet the criteria or guidelines for the identification of a hazardous waste adopted by the Department of Toxic Substances Control pursuant to Section 25141 of the Health and Safety Code. (3) The conversion is efficient and maximizes the net calorific value and burn rate of the waste. (4) The waste to be converted contains less than 25 percent moisture and less than 25 percent noncombustible waste. (5) The waste received at the facility for conversion is handled in compliance with the requirements for the handling of solid waste imposed pursuant to this division, and no more than a seven-day supply of that waste, based on the throughput capacity of the operation or facility, is stored at the facility at any one time. (6) No more than 500 tons per day of waste is converted at the facility where the operation takes place. (7) The waste has an energy content equal to, or greater than, 5,000 BTU per pound. (8) The waste to be converted is mechanically processed at a transfer or processing station to reduce the fraction of chlorinated plastics and materials. (b) “Engineered municipal solid waste conversion facility” or “EMSW facility” means a facility where municipal solid waste conversion that meets the requirements of subdivision (a) takes place. (c) Notwithstanding Section 40201, a transformation facility where solid waste conversion takes place that meets all of the requirements of subdivision (a) may elect to be considered an EMSW facility for purposes of this division and Division 31 (commencing with Section 50000), except that if a portion of a transformation facility’s operations does not meet the requirements of subdivision (a), the facility shall be considered to be a transformation facility. (Added by Stats. 2013, Ch. 411, Sec. 2. (AB 1126) Effective January 1, 2014.)
  163. 40131.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “Federal act” as the Resource Conservation and Recovery Act of 1976, as amended.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40131.5. “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.). (Added by Stats. 1993, Ch. 922, Sec. 1. Effective January 1, 1994.)
  164. 40135.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Fund” means the Integrated Waste Management Fund, created in the State Treasury, and references to the Solid Waste Management Fund mean that fund.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40135. “Fund” means the Integrated Waste Management Fund, which is hereby created in the State Treasury. Any reference in this division or any other provision of law to the Solid Waste Management Fund shall mean the Integrated Waste Management Fund. (Amended by Stats. 1990, Ch. 145, Sec. 4. Effective June 19, 1990.)
  165. 40135.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Account” means the Integrated Waste Management Account created in the fund under Section 48001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40135.1. “Account” means the Integrated Waste Management Account created in the fund pursuant to Section 48001. (Added by Stats. 1993, Ch. 656, Sec. 3. Effective October 1, 1993.)
  166. 40140.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Hazard” means any condition, practice, or procedure that is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40140. “Hazard” includes any condition, practice, or procedure which is or may be dangerous, harmful, or perilous to employees, property, neighbors, or the general public. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  167. 40141.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “hazardous waste” and says it includes extremely hazardous waste and acutely hazardous waste unless stated otherwise.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40141. (a) “Hazardous waste” means a waste, defined as a “hazardous waste” in accordance with Section 25117 of the Health and Safety Code, or a combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following: (1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (b) Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste. (Amended by Stats. 2008, Ch. 500, Sec. 6. Effective January 1, 2009.)
  168. 40145.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “jurisdiction” as a city, county, or regional agency approved by the board under Section 40975.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40145. “Jurisdiction” means a city, county, or regional agency that is approved by the board pursuant to Section 40975. (Added by Stats. 2008, Ch. 343, Sec. 3. Effective January 1, 2009.)
  169. 40148.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “large state facility” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40148. “Large state facility” means those campuses of the California State University and the California Community Colleges, prisons within the Department of Corrections, facilities of the State Department of Transportation, and facilities of other state agencies, that the board determines, are primary campuses, prisons, or facilities. (Added by Stats. 1999, Ch. 764, Sec. 1. Effective January 1, 2000.)
  170. 40150.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Local governing body” means the legislative body of a city, county, or special district that has authority to provide solid waste handling services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40150. “Local governing body” means the legislative body of the city, county, or special district which has authority to provide solid waste handling services. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  171. 40150.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “multicounty regional agency.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40150.1. “Multicounty regional agency” means a regional agency, as defined in Section 40181, that includes all of the jurisdictions that are located in at least two or more rural counties. (Added by Stats. 2008, Ch. 343, Sec. 4. Effective January 1, 2009.)
  172. 40150.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “minor violation” and excludes certain serious, knowing, chronic, emergency-related, or economically beneficial noncompliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40150.2. “Minor violation” means the failure of a person to comply with a requirement or condition of an applicable law, regulation, permit, information request, order, variance, or other requirement, whether procedural or substantive, that an enforcement agency or the board is authorized to implement or enforce pursuant to Part 5 (commencing with Section 45000) and that does not otherwise include any of the following: (a) A violation that results in injury to persons or property or that presents a significant threat to human health or the environment. (b) A knowing, willful, or intentional violation. (c) A violation that is a chronic violation or that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the enforcement agency or board, whichever issues the notice to comply, shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable regulatory requirements. (d) A violation that results in an emergency response from a public safety agency. (e) A violation that enables the violator to benefit economically from the noncompliance, either by reduced costs or competitive advantage. (Added by Stats. 2008, Ch. 500, Sec. 7. Effective January 1, 2009.)
  173. 40151.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Nondisposal facility” is defined as a solid waste facility that must obtain a permit under the cited article, but not a disposal facility or a transformation facility.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40151. “Nondisposal facility” means any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) of Chapter 3 of Part 4, except a disposal facility or a transformation facility. (Added by Stats. 1992, Ch. 1291, Sec. 1. Effective January 1, 1993.)
  174. 40160.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “operator” as a person who operates a solid waste facility or a disposal site.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40160. “Operator” means a person who operates a solid waste facility or operates a disposal site. (Amended by Stats. 2008, Ch. 500, Sec. 8. Effective January 1, 2009.)
  175. 40162.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Owner” means a person with fee title, a leasehold, or another possessory interest in real property currently used as a solid waste facility or disposal site.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40162. “Owner” means a person who holds fee title to, or a leasehold or other possessory interest in, real property that is presently in use as a solid waste facility or is a disposal site. (Added by Stats. 2008, Ch. 500, Sec. 9. Effective January 1, 2009.)
  176. 40170.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “person” broadly to include many kinds of individuals, businesses, government bodies, and other entities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40170. “Person” includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (Amended by Stats. 1994, Ch. 1200, Sec. 38. Effective September 30, 1994.)
  177. 40171.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “pollution” as a condition where solid waste or substances derived from it are present in water, soil, land, or air and significantly degrade or alter their quality, appearance, or usefulness.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40171. “Pollution” means the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and duration, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  178. 40172.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Processing” means reducing, separating, recovering, converting, or recycling solid waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40172. “Processing” means the reduction, separation, recovery, conversion, or recycling of solid waste. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  179. 40178.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “pyrolysis” as thermal decomposition of material at elevated temperatures with little or no oxygen.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40178. “Pyrolysis” means the thermal decomposition of material at elevated temperatures in the absence or near absence of oxygen. (Added by Stats. 2025, Ch. 678, Sec. 2. (AB 70) Effective January 1, 2026.)
  180. 40180.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “recycle” or “recycling” as collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream as raw material for new, reused, or reconstituted products.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40180. “Recycle” or “recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. “Recycling” does not include transformation, as defined in Section 40201 or EMSW conversion. (Amended by Stats. 2013, Ch. 411, Sec. 3. (AB 1126) Effective January 1, 2014.)
  181. 40181.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Regional agency” means an agency formed under the specified Government Code provisions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40181. “Regional agency” means an agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code and Article 3 (commencing with Section 40970) of Chapter 1 of Part 2. (Amended by Stats. 1992, Ch. 1292, Sec. 3. Effective January 1, 1993.)
  182. 40182.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Regional water board” means a California regional water quality control board.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40182. “Regional water board” means a California regional water quality control board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  183. 40183.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “rural city” and “rural regional agency,” and lets the board review and act on certain reductions granted to a rural city.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40183. (a) “Rural city” or “rural regional agency” means a city or regional agency that is located within a rural county as defined in Section 40184. (b) (1) Unless the board takes action pursuant to paragraph (2), this section does not affect any reduction granted to a rural city by the board pursuant to Section 41787 prior to January 1, 2008. (2) The board may review and take action regarding any reduction granted to a rural city by the board in accordance with subdivision (b) of Section 41787. (Amended by Stats. 2008, Ch. 343, Sec. 5. Effective January 1, 2009.)
  184. 40184.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    Defines “rural county” and gives the board power to review and act on certain reductions granted to rural counties.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40184. (a) “Rural county” means a county or multicounty regional agency that annually disposes of no more that 200,000 tons of solid waste. (b) (1) Unless the board takes action pursuant to paragraph (2), this section does not affect any reduction granted to a rural county by the board pursuant to Section 41787 prior to January 1, 2008. (2) The board may review and take action regarding any reduction granted to a rural county in accordance with subdivision (b) of Section 41787. (Amended by Stats. 2008, Ch. 343, Sec. 6. Effective January 1, 2009.)
  185. 40190.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “segregated from other waste material.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40190. “Segregated from other waste material” means any of the following: (a) The placement of recyclable materials in separate containers. (b) The binding of recyclable material separately from the other waste material. (c) The physical separation of recyclable material from other waste material. (Added by Stats. 1989, Ch. 1096, Sec. 2.)
  186. 40190.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “sharps waste” as household waste that includes a hypodermic needle, syringe, or lancet.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40190.5. “Sharps waste” means waste generated by a household that includes a hypodermic needle, syringe, or lancet. (Added by Stats. 2004, Ch. 157, Sec. 3. Effective January 1, 2005.)
  187. 40191.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “solid waste” and lists wastes that are excluded from that definition.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40191. (a) Except as provided in subdivision (b), “solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes. (b) “Solid waste” does not include any of the following wastes: (1) Hazardous waste, as defined in Section 40141. (2) Radioactive waste regulated pursuant to the Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code). (3) Medical waste regulated pursuant to the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated pursuant to this division. (Amended by Stats. 1996, Ch. 1041, Sec. 9. Effective January 1, 1997.)
  188. 40192.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “solid waste disposal,” “dispose,” and “disposal,” with different meanings depending on the part or chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40192. (a) Except as provided in subdivisions (b) and (c), “solid waste disposal,” “disposal,” or “dispose” means the final deposition of solid wastes onto land, into the atmosphere, or into the waters of the state. (b) For purposes of Part 2 (commencing with Section 40900), “solid waste disposal,” “dispose,” or “disposal” means the management of solid waste through landfill disposal, transformation, or EMSW conversion, at a permitted solid waste facility, unless the term is expressly defined otherwise. (c) For purposes of Chapter 16 (commencing with Section 42800) and Chapter 19 (commencing with Section 42950) of Part 3, Part 4 (commencing with Section 43000), Part 5 (commencing with Section 45000), Part 6 (commencing with Section 45030), and Chapter 2 (commencing with Section 47901) of Part 7, “solid waste disposal,” “dispose,” or “disposal” means the final deposition of solid wastes onto land. (Amended by Stats. 2013, Ch. 411, Sec. 4. (AB 1126) Effective January 1, 2014.)
  189. 40193.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Solid waste enterprise” means a person or private organization regularly engaged in providing solid waste handling services.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40193. “Solid waste enterprise” means any individual, partnership, joint venture, unincorporated private organization, or private corporation, which is regularly engaged in the business of providing solid waste handling services. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  190. 40194.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “solid waste facility” and lists the kinds of facilities it includes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40194. “Solid waste facility” includes a solid waste transfer or processing station, a composting facility, a gasification facility, a transformation facility, an EMSW conversion facility, and a disposal facility. For purposes of Part 5 (commencing with Section 45000), “solid waste facility” additionally includes a solid waste operation that may be carried out pursuant to an enforcement agency notification, as provided in regulations adopted by the department. (Amended by Stats. 2013, Ch. 411, Sec. 5. (AB 1126) Effective January 1, 2014.)
  191. 40195.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “solid waste handling” or “handling” as collection, transportation, storage, transfer, or processing of solid wastes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40195. “Solid waste handling” or “handling” means the collection, transportation, storage, transfer, or processing of solid wastes. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  192. 40195.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “solid waste landfill” and says certain facilities are excluded from that definition; it also requires certain wood-waste facilities to pay a quarterly fee to the state board under section 48000, subject to a cap tied to the 1992 fee amount.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40195.1. (a) “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, but does not include a facility which receives only wastes generated by the facility owner or operator in the extraction, beneficiation, or processing of ores and minerals, or a cemetery which disposes onsite only the grass clippings, floral wastes, or soil resulting from activities on the grounds of that cemetery. (b) For the purposes of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, “solid waste landfill” does not include a facility which receives only nonhazardous wood waste derived from timber production or wood product manufacturing. For the purposes of the fee imposed by Section 48000, facilities which receive only nonhazardous wood waste derived from timber production or wood product manufacturing shall, notwithstanding Section 48000, pay a quarterly fee to the state board on all solid waste disposed at each disposal site, which does not exceed the amount of the fee due and payable to the state board by those facilities during the 1992 calendar year. (Added by Stats. 1993, Ch. 656, Sec. 4. Effective October 1, 1993.)
  193. 40196.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “Source reduction” means actions that reduce the generation of solid waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40196. “Source reduction” means any action which causes a net reduction in the generation of solid waste. “Source reduction” includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials. “Source reduction” does not include steps taken after the material becomes solid waste or actions which would impact air or water resources in lieu of land, including, but not limited to, transformation. (Amended by Stats. 1990, Ch. 145, Sec. 5. Effective June 19, 1990.)
  194. 40196.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    “State agency” includes state offices, departments, boards, commissions, and similar state agencies, plus California Community Colleges and California State University. The Regents of the University of California are encouraged to implement this division.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40196.3. “State agency” means every state office, department, division, board, commission, or other agency of the state, including the California Community Colleges and the California State University. The Regents of the University of California are encouraged to implement this division. (Added by Stats. 1999, Ch. 764, Sec. 2. Effective January 1, 2000.)
  195. 40196.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “State board” as the State Board of Equalization.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40196.5. “State board” means the State Board of Equalization. (Added by Stats. 1990, Ch. 145, Sec. 6. Effective June 19, 1990.)
  196. 40197.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “State water board” as the State Water Resources Control Board.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40197. “State water board” means the State Water Resources Control Board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  197. 40200.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “transfer or processing station” and lists facilities that are included and excluded from that term.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40200. (a) “Transfer or processing station” or “station” includes those facilities utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport, and those facilities utilized for transformation. (b) “Transfer or processing station” or “station” does not include any of the following: (1) A facility, whose principal function is to receive, store, separate, convert, or otherwise process in accordance with state minimum standards, manure. (2) A facility, whose principal function is to receive, store, convert, or otherwise process wastes that have already been separated for reuse and are not intended for disposal. (3) The operations premises of a duly licensed solid waste handling operator who receives, stores, transfers, or otherwise processes wastes as an activity incidental to the conduct of a refuse collection and disposal business in accordance with regulations adopted pursuant to Section 43309. (4) An EMSW conversion facility. (Amended by Stats. 2013, Ch. 411, Sec. 6. (AB 1126) Effective January 1, 2014.)
  198. 40201.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. )

    Verify source ↗

    This section defines “Transformation” and lists what is included and excluded.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 1. INTEGRATED WASTE MANAGEMENT [40000 - 40520] ( Part 1 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 2. Definitions [40100 - 40201] ( Chapter 2 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 40201. “Transformation” means incineration, pyrolysis, distillation, or biological conversion other than composting. “Transformation” does not include composting, gasification, EMSW conversion, or biomass conversion. (Amended by Stats. 2013, Ch. 411, Sec. 7. (AB 1126) Effective January 1, 2014.)
  199. 4021.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. General Provisions [4021 - 4053] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Penalties [4021 - 4022] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Except where another rule says otherwise, willfully or negligently doing a prohibited act or failing to do a required act under the specified chapters is a misdemeanor.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. General Provisions [4021 - 4053] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Penalties [4021 - 4022] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4021. Except as otherwise provided, the willful or negligent commission of any of the acts prohibited or the omission of any of the acts required by Chapter 2 (commencing with Section 4251) to Chapter 6 (commencing with Section 4411), inclusive, of Part 2 of this division is a misdemeanor. (Amended by Stats. 1972, Ch. 618.)
  200. 4022.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. General Provisions [4021 - 4053] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Penalties [4021 - 4022] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Only specified officers and certain state employees may use ranger-related titles; others who willfully use similar badges or titles to pass as a ranger commit an infraction.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 1. DEFINITIONS AND GENERAL PROVISIONS [4001 - 4053] ( Part 1 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. General Provisions [4021 - 4053] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Penalties [4021 - 4022] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4022. (a) The titles of ranger, park ranger, and forest ranger, and derivations thereof, may only be used by persons who are peace officers under Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, employees of the Department of Forestry and Fire Protection, or employees of the Department of Parks and Recreation classified as State Park Ranger (Permanent Intermittent). Any person, other than a peace officer or employee of the Department of Parks and Recreation, as described in this section, or employee of the Department of Forestry and Fire Protection, who willfully wears, exhibits, or uses any authorized badge, insignia, emblem, device, label, title, or card of a ranger, park ranger, forest ranger, or a derivation thereof, to identify the person as a ranger, park ranger, or forest ranger, or who willfully wears, exhibits, or uses any badge, insignia, emblem, device, label, title, or card of a ranger, park ranger, or forest ranger, which so resembles the authorized version that it would deceive an ordinary, reasonable person into believing that it is authorized for the use of a ranger, park ranger, or forest ranger, is guilty of a infraction. (b) Subdivision (a) does not apply to positions and titles of agencies of the United States government or to any local agency which is officially using any title specified in subdivision (a) as of January 1, 1990. (Added by Stats. 1989, Ch. 351, Sec. 1.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.