Public Resources Code — Part 24 | PRC — United States — California law | Esheria

Public Resources Code

Part 24 of 41 · provisions 4,601–4,800

This act is named the Public Resources Code.

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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.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 43602.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    Owners or operators of solid waste landfills must maintain financial evidence equal to closure and postclosure maintenance costs, with a longer maintenance period after the relevant federal regulations take effect.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43602. (a) Except as provided in subdivision (b), evidence of financial ability required of an owner or operator of a solid waste landfill, as defined in Section 40195.1, shall be adjusted to equal the estimated costs of closure and 15 years of postclosure maintenance in the approved plans. Revisions in the plans prior to closure shall be accompanied by corresponding revisions in cost estimates and financial assurances. (b) On and after the effective date of the federal regulations set forth in Subpart G (commencing with Section 258.70) of Part 258 of Title 40 of the Code of Federal Regulations, the evidence of financial ability required of an owner or operator of a solid waste landfill shall be adjusted to equal the estimated costs of closure and 30 years of postclosure maintenance in the approved plans. Revisions in the plans prior to closure shall be accompanied by corresponding revisions in cost estimates and financial assurances. (Amended by Stats. 1996, Ch. 1041, Sec. 15. Effective January 1, 1997.)
  2. 43603.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The board may not require a disposal site owner or operator to revise or amend a closure plan after landfill closure to match later board-adopted standards or regulations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43603. The board shall not require an owner or operator of a disposal site to revise or amend a closure plan submitted pursuant to this section or former Section 66796.22 of the Government Code after closure of the landfill in order to reflect subsequent changes in any standards and regulations adopted by the board. (Amended by Stats. 1992, Ch. 1062, Sec. 3. Effective January 1, 1993.)
  3. 43604.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A solid waste landfill owner or operator must keep evidence that it can pay postclosure maintenance costs during closure and postclosure maintenance, and may seek reimbursement for those costs if enough funds remain.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43604. (a) During the closure and postclosure maintenance period, a solid waste landfill owner or operator shall maintain evidence of financial ability sufficient to pay postclosure maintenance costs, except that the owner or operator may request reimbursement for costs of postclosure maintenance as they are incurred if the remaining amount of funds is at least equal to the remaining postclosure maintenance cost. (b) Notwithstanding the effective date of this section, owners and operators shall be required to comply with this section on the effective date of those regulations set forth in Part 258 (commencing with Section 258.1) of Title 40 of the Code of Federal Regulations. (Repealed and added by Stats. 1993, Ch. 1169, Sec. 16. Effective October 11, 1993.)
  4. 43605.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    This provision says the division does not limit the State Water Resources Control Board’s authority to require closure and postclosure maintenance at disposal sites.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43605. Nothing in this division affects the authority of the State Water Resources Control Board to impose closure and postclosure maintenance requirements on disposal sites. (Amended by Stats. 1992, Ch. 1062, Sec. 5. Effective January 1, 1993.)
  5. 43606.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    An owner or operator of a disposal site generally cannot use indemnification, hold harmless, or similar agreements to shift article-based obligations to someone else, except for board-approved financial arrangements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43606. (a) Except for financial arrangements approved by the board pursuant to this article, no indemnification, hold harmless, or similar agreement or conveyance is effective to transfer from the owner or operator of a disposal site to any other person any obligations imposed on the owner or operator under this article. (b) Notwithstanding subdivision (a), nothing in this section prohibits any agreement between the owner and the operator regarding their respective obligations for closure and postclosure maintenance of a disposal site, and nothing in this section prohibits a cause of action that an owner or operator has or would have against the other party by reason of that agreement. (Amended by Stats. 1992, Ch. 1062, Sec. 6. Effective January 1, 1993.)
  6. 43610.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A qualifying small city operating a solid waste landfill in Kings County is exempt from submitting a postclosure maintenance plan and from providing a postclosure maintenance fund if all 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 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43610. (a) Notwithstanding Article 3 (commencing with Section 43500) or this article, a small city which operates a solid waste landfill, as defined in Section 40195.1, in Kings County, that is operational and, as of January 1, 1991, has been granted all required permits, is not required to submit a postclosure maintenance plan or to provide a fund for postclosure maintenance pursuant to Article 3 (commencing with Section 43500) or this article, if all of the following conditions are met: (1) The city has a population of less than 20,000 persons. (2) The solid waste landfill receives less than 20,000 tons of solid waste per year. (3) The water table of the highest aquifer under the solid waste landfill is 250 or more feet below the base of the solid waste landfill and the water in the highest aquifer is not potable. (4) The solid waste landfill receives less than an average of 12 inches of rainfall per year. (5) The solid waste landfill is closed in compliance with all state closure testing requirements at the time of closure. (b) The exemption in subdivision (a) from the requirement to submit a postclosure maintenance plan shall become inoperative on the effective date of the federal regulations set forth in Subpart F (commencing with Section 258.60) of Part 258 of Title 40 of the Code of Federal Regulations, and the exemption in subdivision (a) from the requirement to provide a fund for postclosure maintenance shall become inoperative on the effective date of the federal regulations set forth in Subpart G (commencing with Section 258.70) of Part 258 of Title 40 of the Code of Federal Regulations. (Amended by Stats. 1996, Ch. 1041, Sec. 16. Effective January 1, 1997.)
  7. 43610.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A disposal site owner or operator that meets this article’s requirements and implementing regulations is treated as having satisfied the state’s financial-ability requirements for closure and postclosure maintenance costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Solid Waste Handling and Disposal [43200 - 43610.1] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Financial Ability [43600 - 43610.1] ( Article 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 43610.1. A disposal site owner or operator who meets the requirements of this article and its implementing regulations shall be deemed to have satisfactorily complied with all state requirements for financial ability to provide for closure and postclosure maintenance costs. (Added by Stats. 1993, Ch. 656, Sec. 25. Effective October 1, 1993.)
  8. 4371.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. )

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    This section defines key terms used in Chapter 5, including “fire protection agency,” “solid waste,” “solid waste facility,” and what “flammable material” does not include.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. ) ## 4371. The definitions in this section govern the construction of this chapter. (a) “Fire protection agency” means the Department of Forestry and Fire Protection on all lands designated as state responsibility areas pursuant to Section 4125, and it means the applicable fire protection district, service district, county fire department, or federal agency on all other lands. (b) “Solid waste” means solid waste as defined in Section 40191. (c) “Solid waste facility” means a solid waste facility as defined in Section 40194. (d) “Flammable material” does not include any structure or building maintained as an integral part of any solid waste facility. (Amended by Stats. 1992, Ch. 427, Sec. 137. Effective January 1, 1993.)
  9. 4372.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. )

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    A person must maintain any solid waste facility outside city boundaries in line with Sections 4373 and 4374.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. ) ## 4372. A person shall maintain any solid waste facility outside of the exterior boundaries of any city in strict accordance with the terms and conditions prescribed by Sections 4373 and 4374. (Amended by Stats. 1982, Ch. 1333, Sec. 5.)
  10. 4373.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. )

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    Certain solid waste facilities must keep flammable material cleared for 150 feet, with similar clearance required for nearby structures.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. ) ## 4373. Any solid waste facility, for which a permit is required pursuant to Section 66796.30 of the Government Code, shall be maintained with a clearance of flammable material for a minimum distance of 45.7 meters (150 feet) from the periphery of any exposed flammable solid waste. (a) Any structure, building, or part of any structure or building located within 45.7 meters (150 feet) of the periphery of any exposed flammable solid waste shall also be maintained with a clearance of flammable material for a minimum of 45.7 meters (150 feet) from the periphery of the structure or building. (b) Sound and living trees may be left standing within the areas required to be cleared of flammable material, provided the following requirements are met: (1) Wildfire cannot travel into the canopy of any tree left standing. (2) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the exposed flammable solid waste. (3) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing. (c) Selected and isolated shrubs may remain within the areas required to be cleared of flammable material if all dead material is removed and each shrub is trimmed up so that fire cannot travel through the shrub canopy or pose a fire safety threat. (Repealed and added by Stats. 1982, Ch. 1333, Sec. 7.)
  11. 4374.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. )

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    Certain solid waste facilities and nearby structures must keep a 30-foot flammable-material clearance; the fire protection agency may require more in writing.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. ) ## 4374. Any solid waste facility, for which a permit is not required pursuant to Section 66796.31 of the Government Code, shall be maintained with a clearance of flammable material for a minimum distance of 9.45 meters (30 feet) from the periphery of any exposed flammable solid waste. (a) Any structure, building, or part of a structure or building which is located within 9.45 meters (30 feet) of the periphery of any exposed flammable solid waste shall also be maintained with a clearance of flammable material for a minimum distance of 9.45 meters (30 feet) from the periphery of the structure or building. (b) The fire protection agency may, in writing, require additional minimum flammable clearance provisions not to exceed any of the minimum clearance provisions of Section 4373. A reasonable time for compliance with the additional clearance provisions shall be specified in the written notice. (Repealed and added by Stats. 1982, Ch. 1333, Sec. 9.)
  12. 4376.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. )

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    A person who maintains a solid waste facility in violation of this chapter commits a misdemeanor and can be fined or jailed.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 5. Rubbish Dumps [4371 - 4376] ( Chapter 5 added by Stats. 1965, Ch. 1144. ) ## 4376. A person who maintains a solid waste facility in violation of this chapter is guilty of a misdemeanor, and shall be punished for a first conviction by a fine not to exceed five hundred dollars ($500), and, for a second or subsequent conviction within five years of a prior conviction of a violation of this chapter, by a fine not less than five hundred dollars ($500) or more than two thousand dollars ($2,000) or imprisonment in the county jail for a period not to exceed 30 days, or both that fine and imprisonment. Each and every day of violation is a separate and distinct offense. (Amended by Stats. 2004, Ch. 90, Sec. 2. Effective January 1, 2005.)
  13. 44000.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A person may not dispose of, arrange for, transport for disposal, or accept solid waste for disposal in this state except at a permitted solid waste disposal facility or as otherwise authorized.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44000.5. (a) With respect only to solid waste disposed of in this state, a person shall not dispose of solid waste, cause solid waste to be disposed of, arrange for the disposal of solid waste, transport solid waste for purposes of disposal, or accept solid waste for disposal, except at a solid waste disposal facility for which a solid waste facilities permit has been issued pursuant to this chapter or as otherwise authorized pursuant to this division and the regulations adopted by the board pursuant to this division. (b) A violation of this section is an unlawful act. (Added by Stats. 2008, Ch. 500, Sec. 14. Effective January 1, 2009.)
  14. 44001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A person planning to operate a solid waste facility must file a permit application with the enforcement agency or, if none is designated, the board at least 150 days before starting operations, unless an earlier-start permit is issued.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44001. Any person who proposes to become an operator of a solid waste facility shall file with the enforcement agency having jurisdiction over the facility, or the board if there is no designated and certified enforcement agency, an application for a solid waste facilities permit at least 150 days in advance of the date on which it is desired to commence operation, unless the enforcement agency issues a permit to the applicant to commence operations prior to that time. (Amended by Stats. 1995, Ch. 952, Sec. 15. Effective October 16, 1995.)
  15. 44002.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A person may not operate a solid waste facility without the required permit, and the facility must stay within the permit’s boundaries.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44002. (a) (1) No person shall operate a solid waste facility without a solid waste facilities permit if that facility is required to have a permit pursuant to this division. (2) The prohibition specified in paragraph (1) includes, but is not limited to, the operation of a solid waste facility without a required solid waste facilities permit or the operation of a solid waste facility outside the permitted boundaries specified in a solid waste facilities permit. (b) If the enforcement agency determines that a person is operating a solid waste facility in violation of subdivision (a), the enforcement agency shall immediately issue a cease and desist order pursuant to Section 45005 ordering the facility to immediately cease all activities for which a solid waste facilities permit is required and desist from those activities until the person obtains a valid solid waste facilities permit authorizing the activities or has obtained other authorization pursuant to this division. (Amended by Stats. 2004, Ch. 448, Sec. 1. Effective January 1, 2005.)
  16. 44003.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If the disposal site operator is not the site owner, the permit application must include information the enforcement agency or board requires about the owner’s real-property interest.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44003. When the operator of the disposal site is not the disposal site owner, the disposal site operator’s application for a solid waste facilities permit shall contain any information that the enforcement agency or the board may require regarding the disposal site owner’s interest in the real property utilized as the disposal site. (Amended by Stats. 1992, Ch. 1292, Sec. 69. Effective January 1, 1993.)
  17. 44004.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A solid waste facility operator generally may not make a significant design or operation change without permit authorization and agency approval.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44004. (a) An operator of a solid waste facility shall not make a significant change in the design or operation of the solid waste facility that is not authorized by the existing permit, unless the change is approved by the enforcement agency, the change conforms with this division and all regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit are revised to reflect the change. (b) If the operator wishes to change the design or operation of the solid waste facility in a manner that is not authorized by the existing permit, the operator shall file an application for revision of the existing solid waste facilities permit with the enforcement agency. The application shall be filed at least 180 days in advance of the date when the proposed modification is to take place unless the 180-day time period is waived by the enforcement agency. (c) The enforcement agency shall review the application to determine all of the following: (1) Whether the change conforms with this division and all regulations adopted pursuant to this division. (2) Whether the change requires review pursuant to Division 13 (commencing with Section 21000). (d) Within 60 days from the date of the receipt of the application for a revised permit, the enforcement agency shall inform the operator, and if the enforcement agency is a local enforcement agency, also inform the department, of its determination to do any of the following: (1) Allow the change without a revision to the permit. (2) Allow the following changes without a revision to the permit through a modification to the permit allowed pursuant to regulations developed by the department: (A) The proposed change is to allow a nondisposal facility to increase the amount of solid waste that it may handle and that increased amount is within the existing design capacity as described in the facility’s transfer processing report and review pursuant to Division 13 (commencing with Section 21000). (B) The proposed change is to allow a disposal facility to add a nondisposal activity to the facility that will increase the amount of solid waste that may be handled as described in the facility’s report of facility information and review pursuant to Division 13 (commencing with Section 21000). (3) Disallow the change because it does not conform with the requirements of this division or the regulations adopted pursuant to this division. (4) Require a revision of the solid waste facilities permit to allow the change. (5) Require review under Division 13 (commencing with Section 21000) before a decision is made. (e) The operator has 30 days within which to appeal the decision of the enforcement agency to the hearing panel, as authorized pursuant to Article 2 (commencing with Section 44305) of Chapter 4. The enforcement agency shall provide notice of a hearing held pursuant to this subdivision in the same manner as notice is provided pursuant to subdivision (h). (f) Under circumstances that present an immediate danger to the public health and safety or to the environment, as determined by the enforcement agency, the 180-day filing period may be waived. (g) (1) A permit revision is not required for the temporary suspension of activities at a solid waste facility if the suspension meets either of the following criteria: (A) The suspension is for the maintenance or minor modifications to a solid waste unit or to solid waste management equipment. (B) The suspension is for temporarily ceasing the receipt of solid waste at a solid waste management facility and the owner or operator is in compliance with all other applicable terms and conditions of the solid waste facilities permit and minimum standards adopted by the department. (2) An owner or operator of a solid waste facility who temporarily suspends operations shall remain subject to the closure and postclosure maintenance requirements of this division and to all other requirements imposed by federal law pertaining to the operation of a solid waste facility. (3) The enforcement agency may impose any reasonable conditions relating to the maintenance of the solid waste facility, environmental monitoring, and periodic reporting during the period of temporary suspension. The department may also impose any reasonable conditions determined to be necessary to ensure compliance with applicable state standards. (h) (1) (A) Before making its determination pursuant to subdivision (d), the enforcement agency shall submit the proposed determination to the department for comment and hold at least one public hearing on the proposed determination. The enforcement agency shall give notice of the hearing pursuant to Section 65091 of the Government Code, except that the notice shall be provided to all owners of real property within a distance other than 300 feet of the real property that is the subject of the hearing, if specified in the regulations adopted by the department pursuant to subdivision (i). The enforcement agency shall also provide notice of the hearing to the department when it submits the proposed determination to the department. (B) The enforcement agency shall mail or deliver the notice required pursuant to subparagraph (A) at least 10 days prior to the date of the hearing to any person who has filed a written request for the notice with a person designated by the enforcement agency to receive these requests. The enforcement agency may charge a fee to the requester in an amount that is reasonably related to the costs of providing this service and the enforcement agency may require each request to be annually renewed. (C) The enforcement agency shall consider environmental justice issues when preparing and distributing the notice to ensure that the notice is concise and understandable for limited-English-speaking populations. (2) If the department comments pursuant to paragraph (1), the department shall specify whether the proposed determination is consistent with the regulation adopted pursuant to subdivision (i). (i) (1) The department shall, to the extent resources are available, adopt regulations that implement subdivision (h) and define the term “significant change in the design or operation of the solid waste facility that is not authorized by the existing permit.” (2) While formulating and adopting the regulations required pursuant to paragraph (1), the department shall consider recommendations of the Working Group on Environmental Justice and the advisory group made pursuant to Sections 71113 and 71114 and the report required pursuant to Section 71115. (Amended by Stats. 2011, Ch. 476, Sec. 14. (AB 341) Effective January 1, 2012.)
  18. 44005.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Before transferring a solid waste facility or disposal site, the owner or operator must give written notice to the enforcement agency and the board at least 45 days in advance, and the agency and board then review the transfer for permit compliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44005. (a) Any owner or operator of a solid waste facility who plans to encumber, sell, transfer, or convey the ownership or operations of a solid waste facility or disposal site to a new owner or operator, shall notify the enforcement agency and the board, 45 days prior to the date of the anticipated transfer. The notification shall be in writing and shall include information as determined by the board, including any financial assurances, if applicable. (b) The enforcement agency and the board shall review the notification documentation and any available records of enforcement actions taken against the proposed transferee, and shall determine, within 30 days of receipt, whether the facility will be operated in compliance with the terms and conditions of an approved permit and any other applicable requirements, including, but not limited to, the requirements of Division 13 (commencing with Section 21000). If the solid waste facility will not be operated in compliance with the terms and conditions of an approved permit, or any other applicable requirements of Division 13 (commencing with Section 21000), the new owner or operator shall be required to file an application for a revised or modified solid waste facilities permit. (c) If the enforcement agency or the board determines that the facility will be operated in compliance with the terms and conditions of the existing permit, the enforcement agency may change the name of the owner or operator on the permit. (Repealed and added by Stats. 1995, Ch. 952, Sec. 20. Effective October 16, 1995.)
  19. 44006.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Filings under this article must be made under oath or under penalty of perjury, on a board-approved form, and certain applications must include a filing fee.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44006. (a) Each report or application filed under this article shall be submitted under oath or under penalty of perjury. (b) Each report, notice, or application filed under this article shall be submitted on a form approved by the board. (c) Each application required to be filed under this article shall be accompanied by a filing fee according to a fee schedule established by the enforcement agency to reflect the cost of processing the application and to recover costs incurred in meeting the requirements of Article 3 (commencing with Section 43500) and Article 4 (commencing with Section 43600) of Chapter 2. This fee is in addition to the fees authorized by Chapter 8 (commencing with Section 41900) of Part 2. (Amended by Stats. 1990, Ch. 231, Sec. 3.)
  20. 44007.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency may not issue or revise a solid waste facilities permit unless it gave the board and the applicant a copy of the proposed permit at least 65 days earlier.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44007. The enforcement agency shall not issue or revise a solid waste facilities permit unless it has, at least 65 days in advance, provided the board and the applicant with a copy of the proposed permit, which shall contain the terms and conditions the enforcement agency proposes to establish. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  21. 44008.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency must decide whether to issue a permit within 120 days after the application is deemed complete, unless the applicant waives that limit.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44008. (a) A decision to issue or not issue the permit shall be made by the enforcement agency within 120 days from the date that the application is deemed complete pursuant to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, unless waived by the applicant. (b) The enforcement agency may only issue the permit pursuant to subdivision (a) if it finds that the proposed solid waste facilities permit is consistent with this division and any regulations adopted by the board pursuant to this division applicable to solid waste facilities. (Amended by Stats. 1995, Ch. 952, Sec. 21. Effective October 16, 1995.)
  22. 44009.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must act in writing within 60 days to concur with or object to a proposed solid waste facilities permit.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44009. (a) (1) The board shall, in writing, concur or object to the issuance, modification, or revision of any solid waste facilities permit within 60 days from the date of the board’s receipt of any proposed solid waste facilities permit submitted under Section 44007 after consideration of the issues in this section. (2) If the board determines that the permit is not consistent with the state minimum standards adopted pursuant to Section 43020, or is not consistent with Sections 43040, 43600, 44007, 44010, 44017, 44150, and 44152 or Division 31 (commencing with Section 50000), the board shall object to provisions of the permit and shall submit those objections to the local enforcement agency for its consideration. (3) If the board fails to concur or object in writing within the 60-day period specified in paragraph (1), the board shall be deemed to have concurred in the issuance of the permit as submitted to it. (b) Notwithstanding subdivision (a), the board is not required to concur in, or object to, and shall not be deemed to have concurred in, the issuance of a solid waste facilities permit for a disposal facility if the owner or operator is not in compliance with, as determined by the regional water board, an enforcement order issued pursuant to Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code, or if all of the following conditions exist: (1) Waste discharge requirements for the disposal facility issued by the applicable regional water board are pending review in a petition before the state water board. (2) The petition for review of the waste discharge requirements includes a request for a stay of the waste discharge requirements. (3) The state water board has not taken action on the stay request portion of the pending petition for review of waste discharge requirements. (c) In objecting to the issuance, modification, or revision of any solid waste facilities permit pursuant to this section, the board shall, based on substantial evidence in the record as to the matter before the board, state its reasons for objecting. The board shall not object to the issuance, modification, or revision of any solid waste facilities permit unless the board finds that the permit is not consistent with the state minimum standards adopted pursuant to Section 43020, or is not consistent with Section 43040, 43600, 44007, 44010, 44017, 44150, or 44152 or Division 31 (commencing with Section 50000). (d) Nothing in this section is intended to require that a solid waste facility obtain a waste discharge permit from a regional water board prior to obtaining a solid waste facilities permit. (Amended by Stats. 1996, Ch. 1041, Sec. 17. Effective January 1, 1997.)
  23. 44010.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency must issue the permit only if it finds the proposed solid waste facilities permit is consistent with the board’s adopted standards.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44010. The enforcement agency shall issue the permit only if it finds that the proposed solid waste facilities permit is consistent with the standards adopted by the board. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  24. 44012.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    When an enforcement agency issues or revises a solid waste facilities permit, it must prioritize public health, safety, environmental protection, and long-term environmental protection; it may also add permit terms and conditions it considers necessary and appropriate.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44012. (a) When issuing or revising a solid waste facilities permit, the enforcement agency shall ensure that primary consideration is given to protecting public health and safety and preventing environmental damage, and that the long-term protection of the environment is the guiding criterion. (b) When issuing or revising a solid waste facilities permit, an enforcement agency may impose those terms and conditions on a solid waste facilities permit that it deems necessary and appropriate to govern the design and operation of the solid waste facility, for purposes of implementing the requirements of subdivision (a). (c) The terms and conditions of the solid waste facilities permit imposed by an enforcement agency pursuant to this section shall be consistent with the enforcement policy adopted pursuant to subdivision (e) of Section 43209 and shall be consistent with this division. (Amended by Stats. 2013, Ch. 509, Sec. 5. (AB 1398) Effective January 1, 2014.)
  25. 44014.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The local enforcement agency must issue, modify, or revise a solid waste facilities permit when the listed conditions are met, and the operator must follow all permit terms.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44014. (a) Upon compliance with Sections 44007, 44008, and 44009, and after any necessary hearing, the local enforcement agency shall issue, modify, or revise a solid waste facilities permit if the board has concurred in that issuance, modification, or revision of the permit pursuant to Section 44009. (b) The permit shall contain all terms and conditions which the enforcement agency determines to be appropriate for the operation of the solid waste facility. The operator shall comply with all terms and conditions of the permit. (c) Within 15 days of issuing, modifying, or revising a solid waste facilities permit, the enforcement agency shall transmit to the permittee a copy of the solid waste facilities permit. (Amended by Stats. 1995, Ch. 952, Sec. 25. Effective October 16, 1995.)
  26. 44015.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    A solid waste facilities permit covered by this chapter must be reviewed, and revised if needed, at least every five years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44015. A solid waste facilities permit issued or revised under this chapter shall be reviewed and, if necessary, revised at least once every five years. (Amended by Stats. 2004, Ch. 448, Sec. 2. Effective January 1, 2005.)
  27. 44016.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency may suspend or revoke a permit for certain solid waste facilities if they use recyclable materials to make energy and local law requires those materials to be converted there.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44016. (a) The enforcement agency may, in accordance with Chapter 4 (commencing with Section 44300), suspend or revoke the permit of any solid waste facility designed to convert solid waste from offsite sources into energy or synthetic fuels if the facility utilizes recyclable materials for conversion to energy and if the local agency in whose jurisdiction the materials are collected requires, by ordinance, contract, or otherwise, that recyclable materials within the jurisdiction of that local agency be converted into energy at that facility. This subdivision does not otherwise restrict the ability of a solid waste facility to purchase, collect, transport, or process recyclable materials. (b) As used in this section, “local agency” means any county, city, or district authorized to collect, dispose, or collect and dispose of solid waste, or any joint powers authority formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code which is authorized to construct and operate a facility for the conversion of solid waste into energy, synthetic fuel, or reusable materials. (c) As used in this section, “recyclable materials” means discarded paper, glass, cardboard, plastic, ferrous metal, or aluminum which has been segregated from other solid waste materials for the purpose of reuse or recycling, except that recyclable materials do not include materials which a local agency, having jurisdiction over the locations where these materials exist, determines could be potentially harmful to the public health, or materials which create a public nuisance, as defined in Section 3480 of the Civil Code. (Amended by Stats. 1995, Ch. 952, Sec. 27. Effective October 16, 1995.)
  28. 44017.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency must put a prevention requirement into permits for certain solid waste facilities that convert waste into energy or synthetic fuels.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44017. The enforcement agency shall include, in the permit of any solid waste facility designed to convert solid waste into energy or synthetic fuels, a provision which requires the use of operating procedures at the facility to prevent hazardous waste from entering the conversion process. (Amended by Stats. 1995, Ch. 952, Sec. 28. Effective October 16, 1995.)
  29. 44018.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must establish a regulation-based program for expedited review of permits under this article.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44018. The board shall establish, by regulation, a program to be implemented by the board and by local enforcement agencies that provides for the expedited review of permits issued pursuant to this article. The program shall be designed to reduce unnecessary delay in the issuance of these permits and to protect the public health and safety and the environment. (Amended by Stats. 1995, Ch. 952, Sec. 29. Effective October 16, 1995.)
  30. 44019.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section defines several composting-related terms and sets limits and exclusions for certain composting activities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. Solid Waste Facility Permits [44000.5 - 44019] ( Article 1 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44019. (a) For purposes of this section, all of the following shall apply: (1) “Agricultural byproduct material” has the same meaning as defined in paragraph (4.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations. (2) “Agricultural facility” means an area where land is actively used for agricultural operations and includes related commercial activities and structures necessary for these operations if they are consistent with accepted practices and local zoning. (3) “Agricultural material” has the same meaning as defined in paragraph (5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations. (4) “Large-scale biomass management event” includes, but is not limited to, the removal of a whole orchard or vineyard. (5) “Manure” has the same meaning as defined in paragraph (25) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations. (b) The following activities are excluded activities for purposes of paragraph (4) of subdivision (a) of Section 17855 of Title 14 of the California Code of Regulations: (1) (A) Composting green material, agricultural material, food material, and vegetative food material activities, alone or in combination, if the total amount of feedstock and compost onsite at any one time does not exceed either of the following: (i) 200 cubic yards. (ii) 500 cubic yards for a composting activity owned by a public agency. For the purposes of this subparagraph, “public agency” means a city, county, city and county, including a charter city or charter county, special district, joint powers authority, state agency, or federal agency. (B) Notwithstanding subparagraph (A), the department may increase, by regulation, the total amount of feedstock and compost a composting activity may have onsite as an excluded activity. (2) (A) Subject to subparagraph (C), the composting of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility that does not otherwise operate as a solid waste facility. Materials or residues from a large-scale biomass management event do not include whole or partial animal carcasses or animal byproducts other than manure. (B) (i) The excluded activity described in subparagraph (A) may include acquiring and using agricultural materials, agricultural byproduct materials, and manure from an agricultural facility to blend with the onsite agricultural materials and residues resulting from a large-scale biomass management event. Offsite material shall not include whole or partial animal carcasses or animal byproducts other than manure. (ii) An entity that acquires and uses agricultural materials, agricultural byproduct materials, or manure pursuant to clause (i) shall maintain records identifying the origin of the material or manure for a minimum of five years and present those records to enforcement agencies upon request. (C) The excluded activity described in this paragraph may be excluded activity for purposes of Section 17855 of Title 14 of the California Code of Regulations not more than once every 10 years and the composting of materials shall not exceed 24 months. (c) Persons handling compostable material under the exclusions described in subdivision (b) are obligated to obtain all permits, licenses, or other clearances that may be required by other regulatory agencies including, but not limited to, local health entities and local land use authorities. (d) (1) A composting activity may give away or sell up to 5,000 cubic yards of compost product annually for purposes of both of the following: (A) Paragraph (1) of subdivision (a) of Section 17855 of Title 14 of the California Code of Regulations. (B) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 17856 of Title 14 of the California Code of Regulations. (2) Notwithstanding paragraph (1), the department may increase, by regulation, the amount a composting activity may give away or sell when the composting is of agricultural materials and residues that are from a large-scale biomass management event at an agricultural facility pursuant to paragraph (2) of subdivision (a). (Added by Stats. 2025, Ch. 651, Sec. 1. (SB 279) Effective January 1, 2026.)
  31. 44100.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency may inspect certain solid waste facilities and may require specified people to provide reports under penalty of perjury. If property access is refused for cleanup work, a court may issue a warrant allowing reasonable access if stated conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44100. (a) The enforcement agency, in issuing or reviewing a solid waste facilities permit or in connection with an action relating to a solid waste facilities permit or as otherwise authorized by this division, may investigate the operation of a solid waste facility, a transfer or processing station, a disposal site, collection or handling equipment, or a storage area for solid wastes. (b) In the investigation, the enforcement agency may require a person, who is, or proposes to become, an operator of a solid waste facility, a transfer or processing station, a disposal site, collection or handling equipment, or a storage area for solid wastes, or a person that the enforcement agency believes may have information concerning a suspected violation of this division, to furnish, under penalty of perjury, any nonprivileged technical or monitoring program or other reports that the enforcement agency may specify. (c) If the owner of property upon which solid waste is unlawfully stored, stockpiled, disposed, handled, or maintained refuses to allow or provide the board, the enforcement agency, or a contractor of the board or enforcement agency with access to enter onto the property and perform all necessary cleanup, abatement, or remedial work as authorized pursuant to Section 45000 or 48020, the court may issue the board, the enforcement agency, or a contractor of the board or enforcement agency a warrant pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure to permit reasonable access to the property to perform that activity, if the following conditions have been met: (1) An administrative order requiring corrective action has been issued or obtained pursuant to Section 45000 against the property owner. (2) The board or enforcement agency finds that there is a significant threat to public health or the environment. (Amended by Stats. 2008, Ch. 500, Sec. 15. Effective January 1, 2009.)
  32. 44101.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency may inspect solid waste facilities-related equipment or vehicles, and inspections normally require the owner’s consent or a warrant unless there is a public-health-or-safety emergency.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44101. (a) In the investigation, the enforcement agency may inspect the facility, equipment, or vehicle used for storage, collection, transportation, processing, or disposal of solid waste, as necessary to ensure compliance with this division and to determine that the terms and conditions of solid waste facilities permits are being complied with. (b) The inspection shall be made with the consent of the owner or possessor of the solid waste facilities permit or, if consent is refused, with a warrant duly issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, an inspection may be made without consent or the issuance of a warrant. (Amended by Stats. 1992, Ch. 1293, Sec. 23. Effective January 1, 1993.)
  33. 44103.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Some waste facilities do not need a solid waste facilities permit, but facilities handling both hazardous wastes and other solid wastes need two permits.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44103. (a) For those facilities that accept only hazardous wastes, or that accept only low-level radioactive wastes, or that accept both, a solid waste facilities permit issued by the enforcement agency is not required. A single hazardous waste facilities permit or low-level radioactive waste facilities permit issued by the Department of Toxic Substances Control pursuant to Article 9 (commencing with Section 25200) of Chapter 6.5 of Division 20 of the Health and Safety Code, or by the State Department of Health Services pursuant to Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety Code shall be the only waste facilities permit or permits necessary for the use and operation of hazardous waste or low-level radioactive waste disposal facilities. (b) For those facilities that accept both hazardous wastes and other solid wastes, two permits shall be required, as follows: (1) The hazardous waste facilities permit issued by the Department of Toxic Substances Control pursuant to Article 9 (commencing with Section 25200) of Chapter 6.5 of Division 20 of the Health and Safety Code. (2) The solid waste facilities permit issued by the enforcement agency pursuant to this chapter. (c) Nothing in this section limits or supersedes any other permit or licensing requirements imposed by other provisions of law. (Amended by Stats. 2000, Ch. 343, Sec. 25. Effective January 1, 2001.)
  34. 44104.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board must keep and publish an inventory of solid waste facilities that violate state minimum standards, and notify the owner and operator before adding a facility.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44104. (a) The board shall maintain an inventory of solid waste facilities which violate state minimum standards. To the extent it is practicable to do so, the board shall incorporate in this inventory existing information collected in the course of previous surveys of this type and similar information made available to the board by state and local agencies. (b) Whenever a solid waste facility is proposed to be included in the inventory, the board shall give notice thereof by certified mail to the disposal site owner and the operator of the solid waste facility. If, within 90 days of that notice, the violation has not been corrected, the solid waste facility shall be included in the inventory. The board shall update and publish the inventory twice annually. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  35. 44106.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency must create a compliance schedule for certain solid waste facilities, may revoke a facility’s operating permit if it misses that schedule (subject to subdivision (d)), may recover costs through the authorized fee, and must refer certain waste discharge violations to the regional water board.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44106. (a) The enforcement agency shall develop a compliance schedule for a solid waste facility included in the inventory prepared pursuant to Section 44104. The compliance schedule shall ensure that diligent progress will be made to bring the solid waste facility into compliance. (b) Except as provided in subdivision (d), if the solid waste facility is not in compliance with the schedule established by the enforcement agency, the enforcement agency may revoke the operating permit of the solid waste facility until the violations of state minimum standards are remedied. If a closed or abandoned disposal site is not in compliance within the one-year period, the unremedied condition is prima facie evidence of negligence; and, in any action for damages against the owner of the property for injury caused by the unremedied condition, the burden of proving that the injury was not caused by the unremedied condition shall be on the owner of the property. (c) The enforcement agency may recover any costs incurred pursuant to this section by charging the fee authorized by Section 43213. (d) The enforcement agency shall refer violations of a waste discharge requirement adopted under Section 13263 of the Water Code to the appropriate regional water board. (Amended by Stats. 1996, Ch. 1041, Sec. 18. Effective January 1, 1997.)
  36. 44107.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    This section limits what a solid waste facility may send to a biomass conversion facility, requires annual written reporting by the facility operator or owner, and allows the enforcement agency to inspect for compliance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Facility Inspections [44100 - 44107] ( Article 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44107. (a) A solid waste facility, as defined in Section 40194, sending materials to a biomass conversion facility, shall ensure that the materials are limited to those listed in subdivision (a) of Section 40106. The enforcement agency may inspect solid waste facilities and operations for compliance with this section. (b) On or before April 1, 2016, and on or before April 1 of each year thereafter, the operator or owner of a biomass conversion facility shall provide an annual report to the department, in writing, for the preceding year, containing all of the following information: (1) The name, address, and telephone number of the facility, the operator, and the owner. (2) The total amount and type of material accepted by the facility. (3) The name and address, or the physical location, of the source of each type of material accepted by the facility. A facility that cannot provide the name and address, or the physical location, of a source of material accepted by the facility shall provide an explanation why the information is not available. (4) The total amount and type of material that was rejected by the facility. (5) The name and address, or physical location, of the source of each type of material rejected by the facility and the reasons for the rejection. A facility that cannot provide the name and address, or the physical location, of a source of material rejected by the facility shall provide an explanation why the information is not available. (6) The name and address, or physical location, of the final end user of ash or other byproducts produced by the facility. Until January 1, 2017, a facility that cannot provide the name and address, or physical location, of the final end user of ash or byproducts shall provide an explanation why that information is not available. (7) Signatures of the operator and owner of the facility certifying the accuracy of the information provided under the penalty of perjury. (8) Any other information that is necessary for the department to determine the accuracy of the information provided pursuant to this subdivision. (c) To the extent that information specified in subdivision (b) has previously been submitted by the owner or operator of a biomass conversion facility in reports to another state agency or instrument of a state agency, the owner or operator of the facility may submit those reports to the department in satisfaction of the requirements of subdivision (b) regarding that information. Information required by subdivision (b) and not contained in the previously submitted reports shall be provided separately to the department. (d) If information provided by a biomass conservation facility pursuant to this section is designated as confidential, the department shall treat that information in accordance with Section 40062 and its implementing regulations. (Amended by Stats. 2015, Ch. 303, Sec. 441. (AB 731) Effective January 1, 2016.)
  37. 4411.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section says the definitions in the article control how this chapter 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4411. Unless the context otherwise requires, the definitions in this article govern the construction of this chapter. (Added by Stats. 1965, Ch. 1144.)
  38. 4412.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “incinerator” as a device made of nonflammable materials for burning trash, debris, or other flammable materials, except devices regulated by Section 4438.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4412. “Incinerator” means any device constructed of nonflammable materials for the purpose of burning therein trash, debris, and other flammable materials, excluding those devices regulated by Section 4438 of this code. (Added by Stats. 1965, Ch. 1144.)
  39. 4412.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    “Campfire” means the same thing as in Section 4103.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4412.5. “Campfire” has the same meaning as defined in Section 4103.5. (Added by Stats. 1988, Ch. 270, Sec. 3.)
  40. 4413.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Zone A includes the listed California counties.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4413. “Zone A” includes Mono, Inyo, San Bernardino, Santa Barbara, Ventura, Los Angeles, Orange, Riverside, San Diego, and Imperial Counties. (Amended by Stats. 1984, Ch. 633, Sec. 1.)
  41. 4414.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Zone B includes any county or part of a county that is not in Zone A.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4414. “Zone B” includes any county and portion of any county which is not included in Zone A. (Added by Stats. 1965, Ch. 1144.)
  42. 4414.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section defines “residue” as flammable wood fiber byproducts or waste, including several listed materials from sawmills or similar forest-products processing plants.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4414.5. “Residue” means flammable wood fiber byproducts or waste, including, but not limited to, sawdust, bark, chips, slabs, trimmings, and hogged particles from a sawmill or plant engaged in processing or converting forest products into lumber, shook, ties, poles, posts, veneer, shakes, shingles, and planed or milled products. (Added by Stats. 1982, Ch. 1333, Sec. 12.)
  43. 4415.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This chapter does not apply to setting fires on land within any municipal corporation.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4415. This chapter does not apply to the setting of fire on lands within any municipal corporation. (Added by Stats. 1965, Ch. 1144.)
  44. 44150.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Requirements [44150 - 44152] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The enforcement agency may not issue or revise a solid waste facilities permit for a proposed transformation project unless the project meets several listed conditions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Requirements [44150 - 44152] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44150. (a) The enforcement agency shall not issue or revise a solid waste facilities permit for any proposed project which proposes to use transformation, as defined in Section 40201, unless the project complies with all of the following conditions: (1) The proposed project meets all of the requirements specified in this chapter. (2) The proposed project is consistent with state solid waste management policy as set forth in Section 40051. (3) The proposed project has a defined source of waste, including waste available from existing solid waste transfer and processing stations. (4) The proposed project is guaranteed, by contract or other commitments, more than sufficient quantities of waste to maintain the project’s economic feasibility for the life of the bonded indebtedness of the project. This guarantee shall not include any materials which will be recycled pursuant to paragraph (5). (5) The proposed project, and any contracts or commitments the project has entered into for the provision of waste, uses front-end recycling methods or programs to remove all recyclable materials from the waste stream prior to transformation to the maximum extent feasible. (6) If the proposed project is a thermal powerplant, the thermal powerplant has been specifically included in an adopted and approved revision of the countywide or regional agency integrated waste management plan prepared pursuant to Chapter 5 (commencing with Section 41750) of Part 2. (7) The ash or other residue generated from the transformation project is routinely tested at least once a month, and, notwithstanding Section 25143.5 of the Health and Safety Code, if hazardous wastes are present, the ash or residue is sent to a Class 1 hazardous waste disposal facility. (b) Facilities for the recovery of methane gas are not subject to this section. (Amended by Stats. 1992, Ch. 1293, Sec. 24. Effective January 1, 1993.)
  45. 44151.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Requirements [44150 - 44152] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    Solid waste facilities outside a city must be maintained in compliance with the flammable clearance provisions referenced in the section.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Requirements [44150 - 44152] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44151. Any solid waste facility, located outside of any city, shall be maintained in compliance with the flammable clearance provisions of Chapter 5 (commencing with Section 4371) of Part 2 of Division 4. (Amended by Stats. 1992, Ch. 1293, Sec. 25. Effective January 1, 1993.)
  46. 44152.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Requirements [44150 - 44152] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    An enforcement agency may not issue or revise a permit for a solid waste facility that exclusively uses transformation until the board has made a written consistency finding.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 3. Other Requirements [44150 - 44152] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 44152. No enforcement agency shall issue or revise a permit for a solid waste facility which exclusively uses transformation until the board has concluded in writing that the proposed permit is consistent with the state’s minimum standards for solid waste facilities. (Amended by Stats. 1990, Ch. 1355, Sec. 39. Effective September 27, 1990.)
  47. 4416.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This chapter does not let a county firewarden, firefighter, or county officer obligate the state to pay money.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4416. This chapter does not authorize a county firewarden, a firefighter, or a county officer to obligate the state for the payment of any money. (Amended by Stats. 2021, Ch. 133, Sec. 72. (SB 272) Effective July 23, 2021.)
  48. 4417.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section authorizes rewards for information that leads to arrest and conviction, or commitment to a public facility, for willful and malicious arson or attempted arson, with higher amounts in serious injury or structural damage cases.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4417. (a) Except as provided in subdivision (b) or (c), a reward of up to ten thousand dollars ($10,000) shall be paid out of any state funds which are made available to the department for fire protection to any person, other than a regularly paid firefighter, peace officer, or agent or employee of the department, whose information leads to the arrest and conviction, or commitment to a public facility, of any person who willfully and maliciously sets fire to, or who attempts to willfully and maliciously set fire to, any property which is included within any state responsibility area as established under Article 3 (commencing with Section 4125) of Chapter 1. (b) If the fire, or attempt to set a fire, results in death or great bodily injury to anyone, including fire protection personnel, a reward of up to twenty-five thousand dollars ($25,000) shall be paid. (c) If the fire causes substantial structural damage, an enhanced reward of up to twenty-five thousand dollars ($25,000) shall be paid. (d) The reward may be paid on the initiative of the department or upon application by any person qualifying therefor. One reward of up to ten thousand dollars ($10,000) shall be paid under subdivision (a), or twenty-five thousand dollars ($25,000) under subdivision (b), or twenty-five thousand dollars ($25,000) under subdivision (c), as the case may be, with respect to the same event or series of events involving the same defendant or defendants. If the department determines that more than one person is eligible for a reward arising out of information relating to the same event or series of events, the reward shall be divided among those persons, as determined by the department, taking into consideration the significance of the information contributed by each of those persons. The department may establish a program to preserve the anonymity of any person providing information and may pay a reward under that program. (e) Rewards paid under this section shall be considered an emergency fire suppression and detection expenditure for budgeting purposes. (Amended by Stats. 1993, Ch. 15, Sec. 1. Effective May 21, 1993.)
  49. 4417.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must provide a toll-free 800 number during the fire season and set up an anonymity-protecting rewards information program. It may also cooperate with other state agencies.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4417.5. (a) For the purpose of obtaining information leading to the arrest and conviction of persons who willfully and maliciously set fire to, or who attempt to willfully and maliciously set fire to, any property which is included within a state responsibility area, as defined in Section 4102, including a hazardous fire area designated by the board pursuant to Section 4252 or by the director pursuant to Section 4253, the department shall, during the fire season, make a toll-free 800 telephone number available for, and establish, a program to protect the anonymity of persons providing that information and to facilitate the identification of persons who are eligible for the payment of rewards authorized pursuant to Section 1547 of the Penal Code and Section 4417. (b) The department may cooperate, and enter into interagency agreements, with other state agencies in carrying out this section, including, but not limited to, the Cal-TIP program of the Department of Fish and Game. (Added by Stats. 1994, Ch. 243, Sec. 2. Effective July 21, 1994.)
  50. 4418.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Designated peace officers may spend necessary funds to buy evidence and hire operators for arson cases in a state responsibility area.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Definitions and General Provisions [4411 - 4418] ( Article 1 added by Stats. 1965, Ch. 1144. ) ## 4418. Peace officers designated by the director may expend funds the director deems necessary to purchase evidence and to employ operators to obtain evidence in cases of arson to any property within a state responsibility area as established under Article 3 (commencing with Section 4125) of Chapter 1. Funds expended pursuant to this section shall be repaid to the peace officer making the expenditure upon claims approved by the director and subject to post audit by the Department of Finance. Claims, when approved, shall be paid out of funds appropriated for the support or use of the department. (Added by Stats. 1984, Ch. 1090, Sec. 1.)
  51. 44201.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    This section defines terms used in the article about solid waste facilities on Indian country.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44201. As used in this article, unless the context clearly indicates otherwise, the following definitions apply: (a) “Indian country” has the same meaning as set forth in Section 1151 of Title 18 of the United States Code. (b) “Tribe” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe as defined herein, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. (c) “Solid waste” has the same meaning as set forth in Section 40191. (d) “Solid waste facility” has the same meaning as set forth in Section 40194. (e) “Operator” means a person who operates a solid waste facility. (f) “Owner” means a person who owns a solid waste facility. (g) “Secretary” means the Secretary for Environmental Protection. (h) “State” means the State of California and any agency or instrumentality thereof. (i) “Siting” means the physical suitability of a location proposed for a solid waste facility. (Amended by Stats. 1992, Ch. 427, Sec. 150. Effective January 1, 1993.)
  52. 44202.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    When a tribe submits a written request, the secretary must convene negotiations for a cooperative agreement and consult specified agencies. The article does not apply to certain tribe-owned facilities on Indian country if all 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 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44202. (a) Upon receipt of a written request from any tribe considering a proposal to construct each solid waste facility in that tribe’s Indian country within this state, the secretary shall convene negotiations for purposes of reaching a cooperative agreement pursuant to this article, which will define the respective rights, duties, and obligations of the state and the tribe concerning the approval, development, and operation of the facility. In convening the negotiations, the secretary shall consult with the California Integrated Waste Management Board, the State Water Resources Control Board, the appropriate California regional water quality control board, the State Air Resources Board, and the appropriate air pollution control district or air quality management district. (b) This article does not apply to any facility located on Indian country within the state if it meets all of the following requirements: (1) The facility is owned and operated solely by a tribe. (2) All solid waste accepted by the facility is generated by that particular tribe. (3) Appropriate federal agencies have approved the facility. (Added by Stats. 1991, Ch. 805, Sec. 4.)
  53. 44203.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    The secretary may enter into a cooperative agreement for solid waste facilities on Indian country if it meets the article’s requirements, and must follow notice, comment, hearing, and decision deadlines.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44203. (a) The secretary may enter into any cooperative agreement which meets the requirements of this article. (b) Each cooperative agreement shall include, but shall not be limited to, all requirements determined to be necessary to meet the requirements of subdivision (e) to do all of the following: (1) Protect water quality, as determined by the State Water Resources Control Board or the appropriate California regional water quality control board. (2) Protect air quality, as determined by the State Air Resources Board or the appropriate air pollution control officer. (3) Provide for proper management of solid wastes, as determined necessary by the California Integrated Waste Management Board. (4) In making these determinations, the state agencies shall consider any applicable federal environmental and public health and safety laws. (c) A decision by the secretary whether to enter into a cooperative agreement shall be based on a good faith determination concerning whether a proposed cooperative agreement meets the requirements of this article. The secretary shall take this action within 130 days of a written request by the tribe that the secretary approve a draft cooperative agreement. At least 60 days prior to determining whether to enter into a cooperative agreement, the secretary shall provide notice, and make available for public review and comment, drafts of his or her proposed action and drafts of the findings and determinations that are required by this section. The secretary shall hold a public hearing in the affected area on the proposed action within the time period for taking that action, as specified in this section. Within 10 days after the close of the public review and comment period, the agencies shall complete the determinations required by this section and the secretary shall issue a final decision. (d) The findings and determinations of the secretary and relevant agencies made pursuant to this section shall explain material differences between state laws and regulations and the proposed tribal or federal functionally equivalent provisions. The findings and determinations do not need to explain each difference between the state and tribal or federal requirements as long as they identify and evaluate whether the material differences meet the requirements of this article, including, but not limited to, providing at least as much protection for public health and safety and the environment as would the state requirements. (e) Any cooperative agreement executed pursuant to this article shall provide for regulation of the solid waste facility through inclusion in the agreement of design, permitting, construction, siting, operation, monitoring, inspection, closure, postclosure, liability, enforcement, and other regulatory provisions applicable to a solid waste facility, or which relate to any environmental consequences that may be caused by facility construction or operation, that are functionally equivalent to all of the following: (1) Article 4 (commencing with Section 13260) of Chapter 4 of, Chapter 5 (commencing with Section 13300) of, and Chapter 5.5 (commencing with Section 13370) of, Division 7 of the Water Code. (2) Chapter 3 (commencing with Section 41700) of, Chapter 4 (commencing with Section 42300) of, and Chapter 5 (commencing with Section 42700) of, Part 4 of, and Part 6 (commencing with Section 44300) of, Division 26 of the Health and Safety Code. (3) This division. (4) All regulations adopted pursuant to the statutes specified in this section. (5) Any other provision of state environmental, public health, and safety laws and regulations germane to the solid waste facility proposed by the tribe. (f) The tribal organizational structures or other means of implementing the requirements specified in subdivision (e) are not required to be the same as the state organizational structures or means of implementing its system of regulation. (g) Neither the approval of any cooperative agreement nor amendments to the agreement, nor any determination of sufficiency provided in Section 44205, shall constitute a “project” as defined in Section 21065 and shall not be subject to review pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (h) Each cooperative agreement shall provide for the incorporation of the standards and requirements germane to the protection of the environment, public health, and safety listed in subdivision (e), as enacted, or as those provisions may be amended after January 1, 1992, or after the effective date of any cooperative agreement, if those standards and requirements meet both of the following requirements: (1) The standards and requirements do not discriminate against a tribe which has executed a cooperative agreement, or a lessee of the tribe, and are applicable to, or not more stringent than, other rules applicable to other similar or analogous facilities or operations outside Indian country. (2) Adequate notice and opportunity for comment on the incorporation of new and amended standards or requirements are provided to the tribe, facility owner, and operator to facilitate any physical or operational changes in the facility in accordance with state law. (Amended by Stats. 1992, Ch. 427, Sec. 151. Effective January 1, 1993.)
  54. 44204.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    This section requires cooperative agreements for tribal solid waste programs to cover compensation, data sharing, confidentiality, dispute resolution, access, and timelines.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44204. (a) A tribe shall be eligible for technical assistance to the extent feasible, from the agencies specified in subdivision (b) of Section 44203, for the design, establishment, and implementation of a permit system, cooperative monitoring programs, a tribal enforcement system, and implementation of any other regulatory requirement. (b) Each cooperative agreement shall provide for reasonable compensation to relevant state agencies for costs and expenses incurred by the state in connection with technical assistance provided to the tribe for the regulatory activities provided in this article, including, but not limited to, monitoring, enforcement, permitting, review, and other activities described in this article, and the reviews required by Section 44203, on a nondiscriminatory basis when compared with similar services to similar projects outside of Indian country. (c) Each cooperative agreement shall provide for the sharing of appropriate data and other information between any tribal regulatory body, any federal agency, the owner or operator, and applicable state agencies, including, but not limited to, all monitoring data collected respecting the solid waste facility. The agreement shall provide for confidentiality of privileged, proprietary, or trade secret information. (d) Each cooperative agreement shall include a dispute resolution mechanism for addressing issues of contract interpretation arising out of the cooperative agreement. (e) The parties to a cooperative agreement executed pursuant to this article may mutually agree to modifications of time periods for actions which are required by this article, except the time periods provided for public notice, review, and comment shall not be eliminated or reduced. (f) Each cooperative agreement shall require the relevant state agencies to provide detailed comments regarding completeness within 30 days after receiving copies of applications filed for tribal and applicable federal permits with respect to the deficiencies, if any, of the application with respect to the state standards identified in Section 44203. The failure of any of these state agencies to provide those comments within that period shall be deemed a finding of completeness of the respective applications. (g) Each cooperative agreement shall provide for reasonable access by state agency personnel to Indian country governed by a tribe which has executed a cooperative agreement pursuant to this article for purposes of assistance with permit application review, inspection, and monitoring of operation of a solid waste facility. The cooperative agreement shall also provide for reasonable access for purposes of permit application review and inspection, to the extent the state can provide that access, by tribal regulatory authorities to transfer stations, or similar facilities, located outside of Indian country and handling waste to be transferred to tribal lands. (Added by Stats. 1991, Ch. 805, Sec. 4.)
  55. 44205.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    Cooperative agreements must require review of draft tribal and applicable federal permits, and permit copies must be sent within 10 days after final issuance.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44205. (a) Each cooperative agreement shall require the public agencies specified in subdivision (b) of Section 44203 to review any draft tribal permit and any applicable federal permit to determine whether it contains all conditions sufficient to do all of the following: (1) Meet the functionally equivalent standards provided in the cooperative agreement, as required by subdivision (e) of Section 44203. (2) Provide not less than the level of protection for public health, safety, and the environment that would have been the case if that state agency had issued the permit. (3) Implement all feasible mitigation measures. For purposes of this paragraph, “feasible” has the same meaning as in Sections 21001, 21002.1, and 21004, and any regulations adopted pursuant to those sections. (b) Each cooperative agreement shall provide that the tribal or federal permits issued for the solid waste facility meet the requirements of this section. (c) The failure of a party to a cooperative agreement to meet the requirements of this section shall be determined to be an actionable breach of the cooperative agreement. (d) The election by a party to a cooperative agreement to pursue a contractual remedy shall not limit the ability of a party to assert its respective claims of jurisdiction or sovereign immunity. (e) Entering into a cooperative agreement shall not be a basis for denying any remedy to which a party is otherwise entitled. (f) Within 10 days of issuance of a final federal permit or tribal permit, a copy of that permit shall be provided to the California Environmental Protection Agency and the tribe having jurisdiction over the facility. (Amended by Stats. 1992, Ch. 427, Sec. 152. Effective January 1, 1993.)
  56. 44206.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    This section limits expansion of agency jurisdiction and lets the state enforce certain solid-waste rules on Indian country only when specified conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44206. (a) Nothing in this article shall limit or expand, or be construed to limit or expand, the jurisdiction of any state agency specified in subdivision (b) of Section 44203 or any tribal agency with respect to any solid waste facility located in Indian country, including, but not limited to, the enforcement powers and procedures available to the state or any tribe with respect to those facilities to the extent not preempted by federal law, including, but not limited to, powers and procedures contained in state or tribal statutes or regulations. (b) The cooperative agreement shall provide that the state may exercise its enforcement powers over any solid waste facility project on Indian country where a cooperative agreement has been executed, subject to all of the following requirements: (1) A violation or threatened violation of any standard or requirement set forth in Section 44203 or its functional equivalent in the cooperative agreement, or any condition set forth in a cooperative agreement or permit for the facility, has occurred or is occurring. For purposes of this paragraph, “threatened violation” means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, or natural resources. (2) The violation or violations have been brought to the attention of the tribe and to the owner and operator of the solid waste facility, through written notice from the appropriate agency. The notice shall identify the specific violation or violations which are occurring or have occurred and a specific corrective or enforcement action or range of actions, including sufficient penalties. The notice shall include a specific and reasonable timeframe in which to take appropriate corrective or enforcement action. (3) The tribe, after receiving the notice, has failed to take the action or actions, or to take other reasonable action to abate or correct the violation or violations, in a reasonable time. (c) The functionally equivalent provisions of tribal or federal permits, as determined sufficient pursuant to Section 44205, together with any cooperative agreement approved pursuant to this article, shall collectively be deemed to constitute permits issued under state law for all purposes of enforcing state law. (d) Notwithstanding subdivision (b), each of the public agencies specified in subdivision (b) of Section 44203 may immediately exercise its enforcement powers over any solid waste facility project on Indian country where a cooperative agreement has been executed, if, in the judgment of the public agency, immediate state action is required to avoid an imminent and substantial threat to public health and safety or to the environment. The state shall notify the tribe prior to taking any action pursuant to this subdivision. (Amended by Stats. 1992, Ch. 113, Sec. 3. Effective July 2, 1992.)
  57. 44207.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    The cooperative agreement must let the state or tribe sue to enforce the agreement and must not take away other remedies available under California law. It must also require both the tribe and the state to waive sovereign immunity for actions brought by the other side.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44207. (a) The cooperative agreement shall provide that the state or tribe may bring an appropriate civil action in a court of competent jurisdiction to enforce the terms of the cooperative agreement as a contract, and shall not limit the availability to either party of any remedy at law or in equity otherwise available under California law. (b) The cooperative agreement shall require that the tribe waive its sovereign immunity from any action brought by the state in any court otherwise having jurisdiction over the subject matter, and that the state shall waive its sovereign immunity from any action brought by the tribe, in any court otherwise having jurisdiction over the subject matter, to enforce the terms of the cooperative agreement. (Added by Stats. 1991, Ch. 805, Sec. 4.)
  58. 44208.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    A cooperative agreement under this article must be for the express benefit of the citizens of this state.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44208. A cooperative agreement executed pursuant to this article shall be executed for the express benefit of the citizens of this state. (Added by Stats. 1991, Ch. 805, Sec. 4.)
  59. 44209.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    A person may sue certain public agencies or the secretary over an allegedly improper approval or certification, but the lawsuit must be filed within 60 days after that approval or certification.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44209. Any person may commence a civil action on the person’s own behalf against any of the public agencies specified in subdivision (b) of Section 44203, or against the secretary, who is alleged to have approved or certified the sufficiency of any cooperative agreement or permit in violation of this article. No action may be commenced under this section more than 60 days after the agency or secretary has approved or certified the sufficiency of any cooperative agreement or permit under this article. (Added by Stats. 1991, Ch. 805, Sec. 4.)
  60. 4421.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person must not set fire to a forest, brush, or other flammable material on land they do not own or control unless the landowner, lessee, or their agent gives permission.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4421. A person shall not set fire or cause fire to be set to a forest, brush, or other flammable material that is on land that is not the person’s own land, or under the person’s legal control, without the permission of the owner, lessee, or owner’s agent or lessee of the land. (Amended by Stats. 2021, Ch. 133, Sec. 73. (SB 272) Effective July 23, 2021.)
  61. 44210.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. )

    Verify source ↗

    A qualifying cocomposting facility in Indian country may keep operating under an existing agreement until the earlier of January 1, 1993, or the date it complies with this article.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Permit and Inspection Program [44000.5 - 44210] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 4. Development of Solid Waste Management Facilities on Indian Country [44201 - 44210] ( Article 4 added by Stats. 1991, Ch. 805, Sec. 4. ) ## 44210. Notwithstanding this article, a cocomposting facility located in Indian country with a memorandum of agreement adopted November 29, 1989, with the California Regional Water Quality Control Board, Colorado River Basin Region 7, shall be allowed to continue to operate under the terms of that agreement until January 1, 1993, or the date the project complies with this article, whichever date is earlier. (Added by Stats. 1991, Ch. 805, Sec. 4.)
  62. 4422.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person must not let a fire burn uncontrolled or escape from the person’s control.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4422. A person shall not do either of the following: (a) Willfully or knowingly allow fire to burn uncontrolled on land that the person owns or controls, or to escape to the lands of any person other than that of the owner. (b) Allow any fire kindled or attended by the person to escape from the person’s control or to spread to the land of any person other than from the land from which the fire originated. (Amended by Stats. 2021, Ch. 133, Sec. 74. (SB 272) Effective July 23, 2021.)
  63. 4423.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person may not burn specified flammable materials in certain fire-protected or federal areas unless covered by a written permit and following the permit terms.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4423. A person shall not burn any brush, stumps, logs, fallen timber, fallows, slash, grass-covered land, brush-covered land, forest-covered land, or other flammable material, in any state responsibility area, area receiving fire protection by the department by contract, or upon federal lands administered by the United States Department of Agriculture or Department of the Interior, unless the person has a written permit from the department or its duly authorized representative or the authorized federal officer on federal lands administered by the United States Department of Agriculture or of the Interior and in strict accordance with the terms of the permit: (a) At any time in Zone A. (b) At any time in Zone B between May 1st and the date the director declares, by proclamation, that the hazardous fire conditions have abated for that year, or at any other time in Zone B during any year when the director has declared, by proclamation, that unusual fire hazard conditions exist in the area. The issuing agency may require the permittee to contact the agency to determine permit suspension status prior to burning. (Amended by Stats. 1988, Ch. 270, Sec. 4.)
  64. 4423.1.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Officials may issue a proclamation to suspend, restrict, or prohibit permitted burning on public or private lands outside incorporated cities.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4423.1. (a) Burning under permit by a person on public or private lands, except within incorporated cities, may be suspended, restricted, or otherwise prohibited by proclamation. Any of the following public officers may issue a proclamation, which shall be applicable within their respective jurisdictions: (1) The director or the director’s designee. (2) Any county fire warden with the approval of the director. (3) The federal officers directing activities within California of the United States Bureau of Land Management, the National Park Service, and the United States Forest Service. (b) The proclamation may be issued when, in the judgment of the issuing public official, the menace of destruction by fire to life, improved property, or natural resources is, or is forecast to become, extreme due to critical fire weather, fire suppression forces being heavily committed to control fires already burning, acute dryness of the vegetation, or other factors that may cause the rapid spread of fire. A proclamation is effective on issuance or at a time specified therein and shall remain in effect until a proclamation removing the suspension, restriction, or prohibition is issued. The proclamation may be effective for a single day or longer. The proclamation shall declare the conditions that necessitate its issuance, designate the geographic area to which it applies, require that all or specified burning under permit be suspended, restricted, or prohibited until the conditions necessitating the proclamation abate, and identify the public official issuing the proclamation. The proclamation may be in the form of a verbal or audio recorded telephone message, a press release, or a posted order. (c) The proclamation may be issued without complying with Chapter 3.5 (commencing with Section 11340) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2021, Ch. 133, Sec. 75. (SB 272) Effective July 23, 2021.)
  65. 4423.2.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    An officer may issue a restricted temporary burning permit when burning has been suspended, restricted, or prohibited and continued burning is needed for public health, safety, or welfare. The permit may require special precautions. Violating the permit is a misdemeanor punishable by a fine of at least $250, with no suspension of any part of the fine.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4423.2. (a) Whenever the burning under permit has been suspended , restricted, or prohibited by proclamation pursuant to Section 4423.1, the officer having jurisdiction may issue a restricted temporary burning permit in instances in which the continuation of burning may be essential for reasons of public health, safety, or welfare. The permit may stipulate any special precautions that are required to be followed to reduce the risk of uncontrolled fire originating from the operation. (b) Violation of the terms of a restricted temporary burning permit is a misdemeanor, and any person upon conviction thereof shall be punished by a fine of not less than two hundred fifty dollars ($250). No part of the fine shall be suspended. The court may permit the fine prescribed by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum. (Amended by Stats. 1988, Ch. 270, Sec. 6.)
  66. 4423.3.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    Campfires are generally not restricted or prohibited by a proclamation under Section 4423.1 unless the proclamation, or a later one, specifically says so. If a campfire is restricted, it must be kept in designated facilities inside a public-use campground.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4423.3. The use of a campfire is not restricted or prohibited by a proclamation issued pursuant to Section 4423.1, unless specifically restricted or prohibited in that or a subsequent proclamation. If restricted by proclamation, campfires shall be confined to facilities constructed for that purpose within the confines of a campground established, maintained, and open for public use, whether publicly or privately owned. (Amended by Stats. 1988, Ch. 270, Sec. 7.)
  67. 4423.4.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    Outdoor smoking is generally not restricted by a proclamation unless the proclamation, or a later one, specifically says so.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4423.4. Outdoor smoking is not restricted or prohibited by a proclamation issued pursuant to Section 4423.1, unless specifically restricted or prohibited in that or a subsequent proclamation. If restricted by proclamation, smoking shall be confined to the following: (a) Within motor vehicles while operating or parked on established roads, rest stops, or parking areas cleared of flammable vegetation. (b) Within established campgrounds open to the public. (c) Within an area that is at least three feet or approximately one meter in diameter which has been cleared to mineral soil by removal of all flammable vegetation and duff. The exempted locations may be included within the smoking ban if specifically noticed in the proclamation. (Amended by Stats. 1988, Ch. 270, Sec. 8.)
  68. 4423.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    Using open fire or burning under permit in an area closed by proclamation is a misdemeanor and carries a minimum $100 fine.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4423.5. Use of open fire or burning under permit within an area closed by proclamation pursuant to the provisions of Section 4423.1, except as provided in Sections 4423.2, 4423.3, and 4423.4, is a misdemeanor and any person upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100). No part of such fine shall be suspended. The court may permit the fine prescribed by this section to be paid in installments if the court determines that the defendant is unable to pay the fine in one lump sum. (Added by Stats. 1976, Ch. 1074.)
  69. 4425.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    Violating the terms of certain burning or campfire permits makes the permit null and void.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4425. Any violation of the terms of a burning permit issued pursuant to Section 4423, a restricted temporary burning permit issued pursuant to Section 4423.2, or a campfire permit issued pursuant to Section 4433 renders the permit null and void. (Amended by Stats. 1976, Ch. 1074.)
  70. 4426.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    A person must not set or cause a backfire to be set unless a state or federal forest officer directly supervises or permits it, or it is necessary to save life or valuable property.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4426. A person shall not set a backfire, or cause a backfire to be set, except under the direct supervision or permission of a state or federal forest officer, unless it can be established that the setting of such backfire was necessary for the purpose of saving life or valuable property. (Repealed and added by Stats. 1965, Ch. 1144.)
  71. 4427.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    When burning permits are required, a person may not operate certain spark-producing equipment on or near forest, brush, or grass land unless fire precautions are taken.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4427. During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate any motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate, which is located on or near any forest-covered land, brush-covered land, or grass-covered land, without doing both of the following: (a) First clearing away all flammable material, including snags, from the area around such operation for a distance of 10 feet. (b) Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. This section does not apply to portable powersaws and other portable tools powered by a gasoline-fueled internal combustion engine. (Amended by Stats. 1968, Ch. 900.)
  72. 4428.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    This section bans most people from using hydrocarbon-fueled internal combustion equipment in certain industrial operations near forest, brush, or grass land unless the required firefighting tools and vehicle equipment are provided.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4428. No person, except any member of an emergency crew or except the driver or owner of any service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, which is used in the construction, operation, removal, or repair of the property or facilities of such utility when engaged in emergency operations, shall use or operate any vehicle, machine, tool or equipment powered by an internal combustion engine operated on hydrocarbon fuels, in any industrial operation located on or near any forest, brush, or grass-covered land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in the amounts, manner and location prescribed in this section. (a) On any such operation a sealed box of tools shall be located, within the operating area, at a point accessible in the event of fire. This fire toolbox shall contain: one backpack pump-type fire extinguisher filled with water, two axes, two McLeod fire tools, and a sufficient number of shovels so that each employee at the operation can be equipped to fight fire. (b) One or more serviceable chainsaws of three and one-half or more horsepower with a cutting bar 20 inches in length or longer shall be immediately available within the operating area, or, in the alternative, a full set of timber-felling tools shall be located in the fire toolbox, including one crosscut falling saw six feet in length, one double-bit ax with a 36-inch handle, one sledge hammer or maul with a head weight of six, or more, pounds and handle length of 32 inches, or more, and not less than two falling wedges. (c) Each rail speeder and passenger vehicle, used on such operation shall be equipped with one shovel and one ax, and any other vehicle used on the operation shall be equipped with one shovel. Each tractor used in such operation shall be equipped with one shovel. (d) As used in this section: (1) “Vehicle” means a device by which any person or property may be propelled, moved, or drawn over any land surface, excepting a device moved by human power or used exclusively upon stationary rails or tracks. (2) “Passenger vehicle” means a vehicle which is self-propelled and which is designed for carrying not more than 10 persons including the driver, and which is used or maintained for the transportation of persons, but does not include any motortruck or truck tractor. (Repealed and added by Stats. 1971, Ch. 445.)
  73. 4429.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    When burning permits are required, certain camps and local headquarters must keep firefighting tools and related equipment available at all times.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4429. During any time of the year when burning permits are required in an area pursuant to this article, at any camp maintained in such area for the residence of employees, or at any local headquarters in such area of any industrial, agricultural, or other operations on or near any forest-covered land or brush-covered land, there shall be provided and maintained at all times, in a specific location, for firefighting purposes only, a sufficient supply of serviceable tools to equip 50 percent of the able-bodied, personnel, resident of such camp, or working out of such headquarters, for fighting fires. Among these tools shall be included shovels, axes, saws, backpack pumps, and scraping tools. With such tools there shall also be one serviceable headlight adaptable for attachment to at least one-half of the tractor-bulldozers used on the operation, and a sufficient number of canteens and flashlights to equip a third of the able-bodied personnel. (Amended by Stats. 1976, Ch. 1171.)
  74. 4430.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    When burning permits are required, certain people and companies may not use or run steam-powered industrial equipment on or near forest- or brush-covered land unless they provide the required pump and hose equipment.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4430. During any time of the year when burning permits are required in an area pursuant to this article, a person, copartnership, firm, corporation or company, shall not use or operate in such area any steam-operated engine, machine equipment, mill or industrial plant, located on or near forest-covered land or brush-covered land, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose not less than one inch in diameter for each steam-operated engine or equipment. The pump or water pressure required in this section shall be capable of applying a minimum of 40 pounds pressure at the nozzle on 200 feet of hose, such nozzle to be one-fourth inch or larger in diameter. If two steam-operated engines or steam equipment are customarily operated within 100 feet of each other, only one engine or piece of equipment need be equipped with pump and hose. This section does not apply to any internal combustion engine or to any steam or other locomotive which is being used in the business of a common carrier by railroad. (Repealed and added by Stats. 1965, Ch. 1144.)
  75. 44300.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 1. Denial of Permits [44300- 44300.] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 32. )

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    An enforcement agency may deny a solid waste facilities permit after a public hearing if one of the listed denial grounds applies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 1. Denial of Permits [44300- 44300.] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44300. An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in accordance with the procedures set forth in Section 44310, deny a solid waste facilities permit in any of the following cases: (a) The application is incomplete or otherwise inadequate. (b) The applicant has not complied with Division 13 (commencing with Section 21000). (c) The applicant has failed to demonstrate that the facility will meet minimum regulatory standards. (d) The application contains significant false or misleading information or significant misrepresentations. (e) The agency determines the applicant has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of this division, or regulations adopted pursuant to this division, or the terms and conditions of the permit, and the violation meets both of the following criteria: (1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment. (2) The violation has not been corrected or reasonable progress toward correction has not been achieved. (Amended by Stats. 2004, Ch. 448, Sec. 3. Effective January 1, 2005.)
  76. 44305.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. )

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    An enforcement agency may temporarily suspend a solid waste facilities permit in specified threat conditions, with hearing and appeal rules.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44305. (a) An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in accordance with the procedures set forth in Section 44310, temporarily suspend a solid waste facilities permit if the enforcement agency determines that changed conditions at the facility necessitate a permit revision or modification to eliminate a significant threat to public health and safety or to the environment. (b) Notwithstanding subdivision (a), the enforcement agency may suspend a solid waste facilities permit prior to holding a hearing if the enforcement agency determines that changed conditions at the facility necessitate a permit revision or modification to prevent or mitigate an imminent and substantial threat to the public health and safety or to the environment. However, any person aggrieved by an action by an enforcement agency to suspend a permit pursuant to this subdivision may appeal the action to a hearing panel or hearing officer appointed pursuant to Section 44308 or 44309. The hearing panel or hearing officer shall, at the request of the aggrieved party, hear the appeal within three business days of the date when the permit was suspended, or the first day thereafter requested by the aggrieved party in compliance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. The hearing panel or hearing officer shall render its decision on the day the hearing concludes. The hearing panel or hearing officer may affirm, modify, or rescind the permit suspension. A decision of a hearing panel or hearing officer appointed pursuant to Section 44308 or 44309 may be appealed pursuant to Section 45030. (c) The enforcement agency shall lift the permit suspension as soon as the changed conditions that necessitated the suspension pursuant to subdivision (b) have been corrected. (Amended by Stats. 2004, Ch. 448, Sec. 4. Effective January 1, 2005.)
  77. 44306.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. )

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    The enforcement agency may revoke a solid waste facilities permit after a hearing if it finds certain grounds.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44306. The enforcement agency may, after holding a hearing in accordance with the procedures set forth in Section 44310, revoke a solid waste facilities permit if the enforcement agency determines any of the following: (a) The permit was obtained by a material misrepresentation or failure to disclose relevant factual information. (b) The operator has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of this division, regulations adopted pursuant to this division, or the terms and conditions of the permit, and the violation meets both of the following criteria: (1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment. (2) The violation has not been corrected or reasonable progress toward correction has not been achieved. (c) The operator has failed to pay in full any monetary penalty imposed pursuant to Part 5 (commencing with Section 45000) within 90 days from the date when the penalty is required to be paid and after the expiration of the time period during which the permitholder may appeal the ruling, or after the denial of the permitholder’s timely appeal up to, and including, an appeal to the superior court. (Amended by Stats. 2008, Ch. 500, Sec. 16. Effective January 1, 2009.)
  78. 44307.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. )

    Verify source ↗

    The enforcement agency must hold a hearing when requested by the person subject to an enforcement action, and must also hold a hearing when any person petitions for review of an alleged agency failure to act as required.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44307. From the date of issuance of a permit that imposes conditions that are inappropriate, as contended by the applicant, or after the taking of any enforcement action pursuant to Part 5 (commencing with Section 45000) by the enforcement agency, the enforcement agency shall hold a hearing, if requested to do so, by the person subject to the action. The enforcement agency shall also hold a hearing upon a petition to the enforcement agency from any person requesting the enforcement agency to review an alleged failure of the agency to act as required by this part, Part 5 (commencing with Section 45000), or Part 6 (commencing with Section 45030) or a regulation adopted by the department pursuant to this part, Part 5 (commencing with Section 45000), or Part 6 (commencing with Section 45030). A hearing shall be held in accordance with the procedures specified in Section 44310. (Amended by Stats. 2013, Ch. 509, Sec. 6. (AB 1398) Effective January 1, 2014.)
  79. 44308.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. )

    Verify source ↗

    Hearings under this chapter must be handled by a hearing officer or hearing panel, with specific rules for how panels and officers are appointed and composed.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44308. (a) All hearings conducted pursuant to this chapter by the enforcement agency shall be conducted by a hearing officer appointed pursuant to subdivision (d) or a hearing panel appointed pursuant to either of the following procedures: (1) The governing body may appoint three of its members as the hearing panel. (2) The chairperson of the governing body may appoint an independent hearing panel consisting of three members. (b) (1) If an independent hearing panel is appointed pursuant to paragraph (2) of subdivision (a), not more than one member of the governing body shall serve on the hearing panel. (2) Members of the independent hearing panel shall be selected for their legal, administrative, or technical abilities in areas relating to solid waste management. (3) At least one member of the independent hearing panel shall be a technical expert with knowledge of solid waste management methods and technology. (4) At least one member of the independent hearing panel shall be a representative of the public at large. (5) A member of an independent hearing panel shall serve for a term of four years, and may not serve more than two consecutive terms. (6) If a member of an independent hearing panel does not complete the member’s term, the chairperson of the governing body shall appoint a replacement to serve out the remainder of the unexpired term. (c) Members of the hearing panel may receive per diem and necessary expenses while conducting the hearing. (d) The governing body of an enforcement agency may appoint a hearing officer only if the governing body has adopted procedures for making that appointment and has adopted qualifications that the hearing officer is required to meet. (Amended by Stats. 2004, Ch. 448, Sec. 6. Effective January 1, 2005.)
  80. 44309.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. )

    Verify source ↗

    Hearings under Section 43205 must be conducted by a three-member hearing panel appointed by the board chairperson.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44309. All hearings conducted by the board acting as the enforcement agency pursuant to Section 43205 shall be conducted by a hearing panel of three board members appointed by the chairperson of the board. (Amended by Stats. 2004, Ch. 448, Sec. 7. Effective January 1, 2005.)
  81. 4431.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    When burning permits are required, people may not use certain gasoline-powered portable tools near flammable land unless the required fire tools are provided and kept at the work site.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4431. During any time of the year when burning permits are required in an area pursuant to this article, no person shall use or operate or cause to be operated in the area any portable saw, auger, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest-covered land, brush-covered land, or grass-covered land, within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes one serviceable round point shovel, with an overall length of not less than 46 inches, or one serviceable fire extinguisher. The Director of Forestry and Fire Protection shall by administrative regulation specify the type and size of fire extinguisher necessary to provide at least minimum assurance of controlling fire caused by use of portable power tools under various climatic and fuel conditions. The required fire tools shall at no time be farther from the point of operation of the power saw or tool than 25 feet with unrestricted access for the operator from the point of operation. (Amended by Stats. 1992, Ch. 427, Sec. 138. Effective January 1, 1993.)
  82. 44310.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. )

    Verify source ↗

    This section sets the procedure and deadlines for hearings, including filing requests, notices, responses, hearing timing, and decisions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. Denial, Suspension, or Revocation of Permits [44300 - 44310] ( Chapter 4 repealed and added by Stats. 1995, Ch. 952, Sec. 32. ) ## ARTICLE 2. Suspension or Revocation [44305 - 44310] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 32. ) ## 44310. All hearings conducted pursuant to this chapter shall be based on the following procedures: (a) (1) The hearing shall be initiated by the filing of a written request for a hearing with a statement of the issues. (A) If the hearing request is made by the person subject to the action, the request shall be made within 15 days from the date that person is notified, in writing, of the enforcement agency’s intent to act in the manner specified. (B) If the hearing request is made by a person alleging that the enforcement agency failed to act as required by law or regulation pursuant to Section 44307, the person shall file a request for a hearing within 30 days from the date the person discovered or reasonably should have discovered, the facts on which the allegation is based. (2) The enforcement agency shall, within 15 days from the date of receipt of a request for a hearing, provide written notice to the person filing the request notifying the person of the date, time, and place of the hearing. (3) If that person fails to request a hearing or to timely file a statement of issues, the enforcement agency may take the proposed action without a hearing or may, at its discretion, proceed with a hearing before taking the proposed action. (4) The enforcement agency shall file its written response to the statement of issues filed by the person requesting the hearing with the hearing panel or the hearing officer, and provide a copy to the person requesting the hearing, not less than 15 days prior to the date of the hearing. (b) The hearing shall be held no later than 30 days after receiving the request for a hearing on the merits of the issues presented, in accordance with the procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (c) Within five days from the conclusion of the hearing, the hearing panel or hearing officer shall issue its decision. The decision shall become effective as provided in Section 45017. (Amended by Stats. 2004, Ch. 448, Sec. 8. Effective January 1, 2005.)
  83. 4432.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    A person must not leave a campfire burning or unextinguished unless another person is watching it or it is enclosed so the fire cannot escape. A person must not allow a campfire to spread after it is built.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4432. (a) A person shall not leave a campfire, kindled or attended by that person, burning or unextinguished unless one of the following requirements is satisfied: (1) The person leaves some other person in attendance. (2) The fire is enclosed within a stove, oven, drum, or other nonflammable container, in such manner that the fire cannot escape from the container. (b) A person shall not allow a campfire, kindled or attended by that person, to spread after it is built. (Amended by Stats. 2021, Ch. 133, Sec. 76. (SB 272) Effective July 23, 2021.)
  84. 4433.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person may not light, maintain, or use a campfire on another person’s brush-, grass-, or forest-covered land unless a written permit is first obtained, with a separate permit rule for U.S. Forest Service land.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4433. (a) A person shall not light, maintain, or use a campfire upon brush-covered land, grass-covered land, or forest-covered land that is the property of another person unless the person first obtains a written permit from the owner, lessee, or agent of the owner or lessee of the property. (b) If, however, campsites and special areas have been established by the property owner and posted as areas for camping, a permit is not necessary. (c) A written campfire permit duly issued by or under the authority of the United States Forest Service is necessary for use on land under the jurisdiction and control of the United States Forest Service. (Amended by Stats. 2021, Ch. 133, Sec. 77. (SB 272) Effective July 23, 2021.)
  85. 4434.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If a campfire escapes a person's control, that is prima facie evidence that the person was negligent in maintaining it.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4434. The escape of any campfire from the control of any person who is maintaining the campfire is prima facie evidence that such person was negligent in maintaining the campfire. (Added by Stats. 1965, Ch. 1144.)
  86. 4435.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    A fire caused by certain devices is treated as prima facie evidence of negligence, and if the fire escapes and the negligent person can be identified, that person commits 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4435. If any fire originates from the operation or use of any engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or any other device which may kindle a fire, the occurrence of the fire is prima facie evidence of negligence in the maintenance, operation, or use of such engine, machine, barbecue, incinerator, railroad rolling stock, chimney, or other device. If such fire escapes from the place where it originated and it can be determined which person’s negligence caused such fire, such person is guilty of a misdemeanor. (Added by Stats. 1965, Ch. 1144.)
  87. 4436.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

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    A person must not refuse or fail to help combat a forest, brush, or grass fire when summoned by listed fire or county officials, unless sickness or physical disability prevents doing so.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4436. A person shall not refuse or fail to render assistance in combating a forest, brush, or grass fire at the summons of the department, or its authorized agent who is charged with the prevention or suppression of fire or the enforcement of the state fire laws, or any county firewarden, firefighter, or county officer who is charged with the duty of preventing or combating forest, brush, or grass fires, or any officer of a county fire protection district, unless prevented from so doing by sickness or physical disability. (Amended by Stats. 2021, Ch. 133, Sec. 78. (SB 272) Effective July 23, 2021.)
  88. 4437.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Certain forest-products processors and sawmill or plant operators must handle flammable material so it does not create a fire hazard; the director may make related storage, disposal, or use regulations.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4437. (a) Outside the exterior boundaries of cities, every processor of forest products shall exercise due diligence in the disposal of flammable material incident to the processing, so that the material does not cause the inception or spread of uncontrolled fire. (b) Every person, copartnership, firm, corporation, or company that operates a sawmill or plant engaged in the processing or converting of forest products into lumber, shook, ties, poles, posts, veneer, shakes, shingles, and planed or milled products, shall dispose of flammable material incident to that operation. If such flammable material is not to be used as fuel, or as a byproduct, within the operation, it shall be disposed of by burning or by other alternative methods which effectively prevent the flammable material from constituting a fire hazard. The disposal or storage of flammable waste material or residue shall be made in any of the ways which are prescribed in Section 4438, 4439, or 4440. (c) The director may establish regulations for the storage, disposal, or use of forest product waste or residue on land as a soil amendment or soil protection measure or for its disposal by fire. Regulations shall be adopted by the director in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for the purpose of eliminating the potential of fire resulting from spontaneous combustion, other ignition sources, or wildfire escaping the forest product waste or residue storage, use, or disposal areas. (Amended by Stats. 1982, Ch. 1333, Sec. 13.)
  89. 4438.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Flammable forest product waste material may be disposed of by fire in an enclosed device, or by landfill or other methods that meet applicable fire, air, and water quality standards.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4438. Flammable forest product waste material may be disposed of by means of fire in an enclosed device effective in preventing the spread of sparks or fire, situated in an area cleared of grass, grain, brush, slash, litter, and snags for a distance of 30.5 meters (100 feet) surrounding the device or by landfill or other methods which meet applicable state and local fire safety, air, and water quality standards. A burning permit shall be obtained for the use of the device pursuant to Section 4423 and all other provisions of law. (Amended by Stats. 1982, Ch. 1333, Sec. 14.)
  90. 4439.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Flammable forest waste may be burned only in a sufficiently cleared area, and the operator or landowner must follow the listed safety conditions and all other applicable law.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4439. (a) Flammable forest product waste material may be disposed of by means of fire in an area which is cleared of grass, grain, brush, slash, litter, snags and forest cover for a distance of 121.9 meters (400 feet) from the periphery of the fire and for any greater distance necessary to provide 30.5 meters (100 feet) of cleared area around any lumber pile or structure which may be situated within 121.9 meters (400 feet) of the fire. (b) Sound and living trees beyond 30.5 meters (100 feet) from the periphery of the fire may be left standing within the area required to be cleared, provided the following requirements are met: (1) Wildfire cannot travel into the canopy of any tree left standing. (2) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the flammable forest waste material. (3) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing. (c) The disposal by fire in the cleared area is the responsibility of the operator or landowner, or of the operator and landowner, jointly, and shall be in conformance with Section 4423 and all other provisions of law. (Amended by Stats. 1982, Ch. 1333, Sec. 15.)
  91. 4440.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If burning residue is planned, the operator or landowner must carry it out according to Section 4423 and other applicable law.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4440. (a) Flammable forest product residue may be accumulated in piles, within any state responsibility area, within any area receiving fire protection by the director by contract, or upon federal lands administered by the United States Department of Agriculture or the Department of Interior, when the area surrounding the piles is cleared and kept clear of all flammable vegetation and debris, including trees, snags, brush, grass, slash, and litter in accordance with one of the following procedures: (1) Clearing to a distance of 45.7 meters (150 feet) from the periphery of the piles of flammable residue and all structures and lumber piles which are situated within 15.2 meters (50 feet) of the residue piles. (2) Clearing to a distance of 30.5 meters (100 feet) from the periphery of the piles of flammable residue and all structures and lumber piles which are situated within 15.2 meters (50 feet) of the residue piles, and maintaining at all times a firebreak three meters (10 feet) or more in width cleared of all flammable material and constructed in a continuous line surrounding the accumulation at a distance of not less than 15.2 meters (50 feet) nor more than 91.4 meters (300 feet) from the periphery of the clearing surrounding the accumulation. All snags and dead trees between the firebreak and the periphery of the clearing shall be felled. (3) Sound and living trees may be left standing within the areas required to be cleared of flammable residue, provided the following requirements are met: (A) Wildfire cannot travel into the canopy of any tree left standing. (B) Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the flammable forest waste material. (C) All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing. (D) Diseased or dead trees are removed entirely. (b) Disposal by fire, if contemplated, is a responsibility of the operator or landowner or the operator and landowner, jointly, and shall be accomplished in conformance with Section 4423 and all other applicable provisions of law. (Amended by Stats. 1982, Ch. 1333, Sec. 16.)
  92. 4441.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person who allows waste material or residue to accumulate in violation of Sections 4437 to 4440 commits a misdemeanor and can be fined or jailed.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4441. Any person who permits or allows accumulation of waste material or residue in violation of the provisions of Sections 4437 to 4440, inclusive, is guilty of a misdemeanor and shall be punished for a first conviction, by a fine not to exceed two hundred fifty dollars ($250), and, for a second or subsequent conviction within five years of a prior conviction of a violation of one of those provisions, by a fine not less than two hundred fifty dollars ($250) or more than one thousand dollars ($1,000) or imprisonment in the county jail for a period not to exceed 30 days, or both that fine and imprisonment. Each and every day of violation is a separate and distinct offense. (Amended by Stats. 1982, Ch. 1333, Sec. 17.)
  93. 4442.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    People generally may not use or allow hydrocarbon-fueled internal combustion engines on forest-, brush-, or grass-covered land unless the engine has a working spark arrester or is fire-preventive under Section 4443.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4442. (a) Except as otherwise provided in this section, no person shall use, operate, or allow to be used or operated, any internal combustion engine which uses hydrocarbon fuels on any forest-covered land, brush-covered land, or grass-covered land unless the engine is equipped with a spark arrester, as defined in subdivision (c), maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443. (b) Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. (c) A spark arrester is a device constructed of nonflammable materials specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service. (d) Engines used to provide motive power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code. (e) Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition. (f) Motor vehicles when being operated in an organized racing or competitive event upon a closed course are not subject to this section if the event is conducted under the auspices of a recognized sanctioning body and by permit issued by the fire protection authority having jurisdiction. (Amended by Stats. 1982, Ch. 1333, Sec. 18.)
  94. 4442.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person may not sell, offer for sale, lease, or rent certain internal combustion engines unless a written notice is given at the time of sale or contract signing.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4442.5. No person shall sell, offer for sale, lease, or rent to any person any internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is a violation of Section 4442 or 4443 to use or operate the engine on any forest-covered, brush-covered, or grass-covered land unless the engine is equipped with a spark arrester, as defined in Section 4442, maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443. (Amended by Stats. 1982, Ch. 1333, Sec. 19.)
  95. 4442.6.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    People may not sell, lease, or rent certain internal-combustion equipment unless it has a permanent warning label; manufacturers of that equipment must attach the label.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4442.6. (a) A person shall not sell, offer for sale, lease, or rent to a person any equipment that is powered by an internal combustion engine subject to Section 4442 or 4443, and not subject to Section 13005 of the Health and Safety Code, unless that equipment has a permanent warning label attached that is in plain view to the operator that states, “WARNING—Operation of This Equipment May Create Sparks That Can Start Fires Around Dry Vegetation. A Spark Arrestor May be Required. The Operator Should Contact Local Fire Agencies For Laws or Regulations Relating to Fire Prevention Requirements.” (b) A person who manufacturers equipment that is powered by an internal combustion engine described in subdivision (a) shall attach to that equipment a permanent warning label that is in plain view to the operator and that complies with subdivision (a). (c) Notwithstanding Section 4021, a violation of subdivision (a) or (b) is an infraction punishable by a fine of not more than one hundred dollars ($100). (Added by Stats. 2005, Ch. 278, Sec. 1. Effective January 1, 2006.)
  96. 4443.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person must not use or run certain hydrocarbon-fueled portable engines on forest-, brush-, or grass-covered land unless the engines are built, equipped, and maintained to prevent fire.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4443. No person shall use, operate, or cause to be operated on any forest-covered land, brush-covered land, or grass-covered land any handheld portable, multiposition, internal-combustion engine manufactured after June 30, 1978, which is operated on hydrocarbon fuels, unless it is constructed and equipped and maintained for the prevention of fire. The board shall, by regulation, specify standards for construction, equipment, and maintenance of such engines for the prevention of fire and shall specify a uniform method of testing to be used by engine and equipment manufacturers, governmental agencies, and equipment users. The regulations shall include specification of exhaust system standards for carbon particle retention or destruction, exposed surface temperature, gas temperature, flammable debris accumulation, durability, and serviceability. Portable power saw and other portable equipment described in this section which were manufactured prior to July 1, 1978, shall be subject to fire safety design specifications as prescribed by the board. (Added by Stats. 1977, Ch. 949.)
  97. 4445.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person must not fire tracer or incendiary ammunition from a rifle or similar device in forest-, brush-, grass-, or grain-covered areas.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4445. A person shall not fire or cause to be fired from any rifle or other device capable of discharging ammunition, any bullet, projectile, or other ammunition which contains the components of thermite, magnesium, or aluminum, or any other component capable of causing a fire and commonly known as tracer or incendiary ammunition within any forest-covered area, brush-covered area, grass-covered area or grain-covered area. (Repealed and added by Stats. 1965, Ch. 1144.)
  98. 4446.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    People must use reasonable care when disposing of flammable material, and they generally may not burn flammable material in an incinerator in certain fire-protection areas unless specific minimum requirements are met.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 6. Prohibited Activities [4411 - 4446] ( Chapter 6 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Prohibited Activities [4421 - 4446] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4446. Every person shall exercise reasonable care in the disposal of flammable material so that the material does not cause the inception of or spread of uncontrolled fire. A person shall not burn any flammable material in any incinerator within any state responsibility area, within any area receiving fire protection by the director by contract, or upon federal lands administered by the United States Department of Agriculture or Department of the Interior, unless all of the following minimum requirements are complied with: (a) The area within 10 feet of the exterior of the incinerator is maintained free and clear of all flammable material and vegetation. (b) A screen constructed of a nonflammable material, with no greater than1/4-inch mesh, or metal doors, close or cover each opening in the exterior of an incinerator to prevent the escape of flames, sparks, ashes, or other burning material which might cause an uncontrolled fire. (c) A permit is obtained prior to burning for the use of the incinerator pursuant to Section 4423 and all other applicable provisions of law. This section does not apply to the disposal of flammable material incident to the processing of forest products. (Amended by Stats. 1981, Ch. 714, Sec. 352.)
  99. 4461.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    This article is called the Wildland Fire Protection and Resources Management Act of 1978.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4461. This article shall be known and may be cited as the Wildland Fire Protection and Resources Management Act of 1978. (Added by Stats. 1978, Ch. 1118.)
  100. 4462.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    The Legislature finds that uncontrolled wildland fires have caused serious damage and that fuel management and prescribed burning can help prevent high-intensity wildland fires.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4462. The Legislature hereby finds and declares as follows: (a) There has been an increase in the number of uncontrolled fires on the wildlands of this state, resulting in destruction of valuable timber and other vegetation, loss of recreational opportunities and wildlife habitat, erosion and damage to streamflow and watersheds, extremely adverse effects on water quality through sedimentation, destruction of soil and loss of nutrients, degradation of air quality, invasions into burned areas of less desirable plant species, and an unacceptable level of hazards to public safety. Further, the increased cost of fire suppression implies the need for alternative methods of fire prevention. (b) The prevention of high-intensity wildland fires may be achieved partly through the reduction of the volume and continuity of flammable vegetation in wildlands by a program of fuel management. (c) Wildland resources management planning and the provision of prescribed burn crews pursuant to this article serves a public purpose and will benefit all the citizens of the state. (Amended by Stats. 1980, Ch. 525, Sec. 3. Operative July 1, 1981, by Sec. 13 of Ch. 525.)
  101. 4464.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    This section defines key terms used in the chapter on burning of lands.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4464. Unless the context clearly requires otherwise, the following definitions govern the construction of this chapter: (a) “Hazardous fuel reduction” means the application of practices to wild lands, the primary impact of which to the vegetation is generally limited to the reduction of surface and ladder wild land fuels. These practices include, but are not limited to, prescribed fire, piling by machine or by hand in preparation for burning, thinning, pruning, or grazing. Treatments that reduce crown densities shall be prescribed only for the purpose of impacting fire behavior, and if it can be reasonably concluded, based on the proposed treatment, that the likelihood for the formation of crown fires is reduced. (b) “Nonprofit organization” means any California corporation organized under Section 501(c)(3) or 501(c)(4) of the federal Internal Revenue Code. (c) “Person” means any natural person, firm, association, partnership, business trust, corporation, limited liability company, company, nonprofit organization, or a combination of those, or any public agency other than an agency of the federal government. (d) “Prescribed burn crew” means personnel and firefighting equipment of the department that are prepared to contain fire set in a prescribed burning operation and to suppress any fire that escapes during a prescribed burning operation. (e) “Prescribed burning” or “prescribed burning operation” means the planned application and confinement of fire to wild land fuels on lands selected in advance of that application to achieve any of the following objectives: (1) Prevention of high-intensity wild land fires through reduction of the volume and continuity of wild land fuels. (2) Watershed management. (3) Range improvement. (4) Vegetation management. (5) Forest improvement. (6) Wildlife habitat improvement. (7) Air quality maintenance. (f) “Wild land” means any land that is classified as a state responsibility area pursuant to Article 3 (commencing with Section 4125) of Chapter 1 and includes any land having a flammable plant cover. “Wild land” also means any land not classified as a state responsibility area where the geographic location of these lands and accumulation of wild land fuel is such that a wild land fire occurring on these lands would pose a threat to a state responsibility area. (g) “Wild land fire” means any uncontrolled fire burning on wild land. (h) “Wild land fuel” means any timber, brush, grass, or other flammable vegetation, living or dead, standing or down. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 4. Effective July 28, 2009.)
  102. 4464.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    Certain Sutter Buttes lands meeting the fuel and prescribed-burning conditions are deemed “wildland” for Article 2 purposes.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4464.5. The Legislature finds that, due to the absence of significant forest resources, lands in the Sutter Buttes in the County of Sutter are not likely to become eligible for classification as a state responsibility area under existing statutory criteria, but that those lands possess all other characteristics set forth in Section 4475, and substantial public benefits can be derived from prescribed burning operations on those lands. Accordingly, notwithstanding subdivision (a) of Section 4464, lands in the Sutter Buttes that have substantial accumulations of wildland fuel, the burning of which in a prescribed burning operation will achieve a combination of the purposes set forth in Section 4475, other than forest improvement, shall be deemed “wildland” for the purposes of Article 2 (commencing with Section 4475). (Added by Stats. 1982, Ch. 987, Sec. 2. Effective September 13, 1982.)
  103. 4465.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    The department must conduct an experimental wildland resources management program using prescribed burning and other methods in two areas of wildlands.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4465. The department shall conduct an experimental program of wildland resources management through prescribed burning and other methods in two areas of wildlands. (Added by Stats. 1978, Ch. 1118.)
  104. 4466.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    The department must prepare two model wildland resource management plans, work with state agencies, seek nonstate funding, and not start planning until enough funding is available; the plans cannot be used after January 1, 1983.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4466. (a) The department shall prepare two model plans for the initial development and implementation of a program for wildland resources management through prescribed burning and other methods, one of which is appropriate for an area of wildlands in northern California, and one, in southern California. All state agencies, including the Departments of Fish and Game and Conservation and the State Water Resources Control Board, shall cooperate with the department in the creation of the plans, to the end that administrative and environmental considerations are carefully and effectively considered and included in the program. (b) Upon completion of each plan, the director shall submit the plan to the board for its review and approval as to its conformity with the requirements set forth in Section 4467. (c) The department shall apply for funding from nonstate sources for the purpose of carrying out its planning responsibilities pursuant to this article. The department may not commence such planning until such funding is available in an amount sufficient to meet the costs of one model plan. (d) Neither plan may be implemented or used after January 1, 1983. (Added by Stats. 1978, Ch. 1118.)
  105. 4467.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    Plans for the experimental wildland fire program must cover specified land and resource management elements, follow CEQA, and be coordinated with county plans and state/local land-use 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4467. (a) Each plan shall include, but shall not be limited to, elements regarding wildland fuel management and reduction, air and water quality, water conservation and watershed improvement, soil conservation, wildlife habitat improvement and protection, range and forage improvement, and timberland improvement and protection. (b) The plan shall be prepared in accordance with the California Environmental Quality Act (commencing with Section 21000) and, when approved, shall constitute the environmental impact report for the implementation of the plan for each area of wildlands designated by the board. (c) The department shall coordinate the development of each plan with the general plan of each county in which the experimental program is conducted and shall, to the maximum extent feasible, conform the plan to the land-use plans and objectives of state and local government. (d) Copies of each plan shall be made available to each county, resource conservation district, and person owning land in the area in which the experimental program is conducted. (Added by Stats. 1978, Ch. 1118.)
  106. 4468.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    During the prescribed burning season, the department must keep at least two prescribed burn crews available and schedule them for program participants; it may also use those crews for other firefighting work when they are not needed for prescribed burning.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4468. During the prescribed burning season, the department shall maintain at least two prescribed burn crews, one each in northern and southern California, for the purpose of providing prescribed burn back-up in the event of an emergency during prescribed burning operations. The department shall prepare a schedule for each prescribed burning season so that the crews will be available to all persons or groups of persons participating in the program during that season. Crews may also be used for other firefighting operations engaged in by the department when not in use in connection with such prescribed burning operations. (Added by Stats. 1978, Ch. 1118.)
  107. 4470.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    The department must provide a prescribed burn crew and pay the costs for eligible landowners or controllers who get a brush-burning permit and agree to follow the approved plan and Article 3 requirements.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4470. The department shall furnish a prescribed burn crew, and assume all costs thereof, to any person or group of persons who own or control land in a wildland area for which a plan has been approved pursuant to this article if such a person or group of persons obtains a brush-burning permit and agrees as a condition of issuance of the permit to comply with the plan in all aspects and to comply with the requirements of Article 3 (commencing with Section 4491) of this chapter, including the assumption of all liability for damage to the property of others. (Added by Stats. 1978, Ch. 1118.)
  108. 4471.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. )

    Verify source ↗

    Some permit applicants and timber operators are exempt from having to comply with this article as a condition for receiving the permit or other entitlement.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 1. Experimental Program for Wildland Fire Protection and Resources Management [4461 - 4471] ( Article 1 added by Stats. 1978, Ch. 1118. ) ## 4471. No person applying for a brush-burning permit pursuant to Article 3 (commencing with Section 4491) of this chapter, applying for a slash-burning permit pursuant to Section 4423, or conducting timber operations pursuant to the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511) shall be required to comply with the provisions of this article as a condition to the issuance of a permit or other entitlement pursuant to such provisions. (Added by Stats. 1978, Ch. 1118.)
  109. 4475.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. )

    Verify source ↗

    The director may enter into agreements for prescribed burning or other hazardous fuel reduction if they are consistent with the chapter and board regulations and serve the public interest and the state’s benefit.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. ) ## 4475. (a) The director may enter into an agreement, including a grant agreement, for prescribed burning or other hazardous fuel reduction that is consistent with this chapter and the regulations of the board with any person to conduct prescribed burning operations and joint prescribed burning operations that serve the public interest and are beneficial to the state. To be considered for the public interest and beneficial to the state, each prescribed burn shall be for any of the following purposes, or any combination of those purposes: (1) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels. (2) Watershed management. (3) Range improvement. (4) Vegetation management. (5) Forest improvement. (6) Wildlife habitat improvement. (7) Air quality maintenance. (b) For the purposes of this article and consistent with subdivision (c), “person” includes, but is not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies. For purposes of this article, “person” shall also include the plural when the department determines an agreement needs to contain two or more persons as defined in this section. (c) The Legislature finds and declares that historically, the department conducted prescribed burns only utilizing its own personnel and therefore was liable for any damages resulting from the burn. However, to reach the statewide prescribed burn goals identified in the “California Forest Carbon Plan: Managing our Forest Landscapes in a Changing Climate,” to limit the threat of catastrophic wildfire, and to improve forest health, the department may have a smaller role on individual prescribed burns with a cooperator taking more control as authorized by the act adding this subdivision. This cooperator control may range from creating the burn plan to being the burn boss and conducting the burn. (Amended by Stats. 2018, Ch. 624, Sec. 9. (SB 1260) Effective January 1, 2019.)
  110. 4476.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. )

    Verify source ↗

    Agreements under this article must assign the director and a burn boss specified responsibilities for prescribed burning, workers’ compensation treatment, insurance, liability allocation, and responsibility for certain burns.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. ) ## 4476. An agreement that is entered into pursuant to this article shall do all of the following: (a) Vest in the director the final authority to determine the time during which wildland fuel and structural fire hazards may be burned to minimize the risk of escape of a fire set in a prescribed burning operation and to facilitate maintenance of air quality. (b) Designate an officer of the department or a burn boss certified pursuant to Section 4477 as the burn boss with final authority to approve and amend the plan and formula applicable to a prescribed burning operation, to determine that the site has been prepared and the crew and equipment are ready to commence the operation, and to supervise the work assignments of departmental employees and all personnel furnished by the person contracting with the department until the prescribed burning is completed and all fire is declared to be out. (c) Specify the duties of, and the precautions taken by, the person contracting with the department and any personnel furnished by that person. (d) Provide that any personnel furnished by a person contracting with the department to assist in any aspect of site preparation or prescribed burning or other hazardous fuel reduction shall be an agent of that person for all purposes of workers’ compensation. However, any volunteer recruited or used by the department to suppress a wildland fire originating or spreading from a prescribed burning operation is an employee of the department for all purposes of workers’ compensation. (e) (1) Provide that the department may, in its discretion, purchase a third-party liability policy of insurance that provides coverage against loss resulting from a wildland fire sustained by any person or public agency, including the federal government. The amount of the policy, if purchased, shall be determined by the director. The policy shall name the person contracting with the department and the department as joint policyholders. A certificate of insurance, if purchased, covering each policy shall be attached to or become a part of the agreements. If the department elects not to purchase insurance, with respect to liability arising out of performance of the agreement, the department shall, in the agreement, either (A) indemnify and hold harmless the person contracting with the department, (B) provide a maximum dollar amount of liability for the department, or (C) provide for the proportionate share of liability between the department and the person contracting with the department. (2) If the department chooses to use option (B) or (C) as allowed pursuant to paragraph (1), the department shall determine the maximum amount of liability or proportionate share of liability for each prescribed burn conducted pursuant to this article using factors including, but not limited to, department involvement with the planning and conducting the prescribed burn, fire hazard severity, assets at risk from a wildfire without the prescribed burn being conducted, wildlife habitat, and watershed values. When using a proportionate share of liability as allowed in (C) pursuant to paragraph (1), the maximum percentage of liability for the person contracting with the department shall be 75 percent. This section does not preclude the department from purchasing an insurance policy to cover the maximum amount of state liability or state proportionate share of liability in the contract. (f) Provide that the department shall be fully responsible for prescribed burns initiated at the department’s request, with the consent of the landowner, for training or other purposes on lands owned by a nonprofit organization or other public agencies. (Amended by Stats. 2018, Ch. 624, Sec. 12. (SB 1260) Effective January 1, 2019.)
  111. 4477.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. )

    Verify source ↗

    The State Fire Marshal and the department must create burn boss training and certification programs, and the State Fire Marshal must also develop a prescribed fire training center proposal and post the number of active burn boss certifications.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. ) ## 4477. (a) The State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for, or amend into an existing curriculum, a certification program for burn bosses, who, pursuant to Section 4476, possess authority to engage in a prescribed burning operation and to enter into the necessary contracts related to a prescribed burning operation. The curriculum shall provide for the initial certification as well as the continuing education of burn bosses. It is the intent of the Legislature that this curriculum become a regular part of the training of firefighters conducted by the Department of Forestry and Fire Protection and all other appropriate accredited training providers. (b) In addition to the curriculum and certification program developed pursuant to subdivision (a), the department shall develop a training program for prescribed fire users to certify professionals in any agency or organization as burn bosses. The department shall certify these individuals to a common standard. It is the intent of the Legislature that the department use its discretion to ensure that burn bosses are thoroughly qualified to engage in prescribed burning operations prior to issuing certifications. (c) On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, in consultation with the California Conservation Corps, the Regional Forest and Fire Capacity program, a statewide intertribal organization or indigenous stewardship network, and the Sierra Nevada Conservancy, shall develop a proposal to establish a prescribed fire training center. In developing the proposal, the State Fire Marshal shall do all of the following: (1) Collaborate with the University of California Cooperative Extension, fire safe councils, relevant California State Universities, California Native American tribes, tribal organizations, cultural fire practitioners, resource conservation districts, and other relevant stakeholders on the development of the proposal. (2) Identify potential funding sources for the proposal, including, but not limited to, federal funds, and consider the proposal’s eligibility for those funding sources. (3) Identify potential locations for a prescribed fire training center. (4) Identify opportunities for satellite learning landscapes to support the work of the prescribed fire training center. (5) Ensure that cultural fire practitioners are engaged in the development and ongoing leadership of the prescribed fire training center. (d) On or before January 1, 2023, the State Fire Marshal shall post and update on its internet website the number of burn bosses with an active burn boss certification. (e) Adherence to the best practices outlined in the curriculum and certification process established pursuant to this section shall constitute prima facie evidence of due diligence. (Amended by Stats. 2021, Ch. 375, Sec. 11. (AB 642) Effective January 1, 2022.)
  112. 4479.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. )

    Verify source ↗

    Liability for department fire-suppression costs from qualifying prescribed burning operations is governed by another code section, and this section does not apply when the department is applying for federal assistance.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. ) ## 4479. (a) Liability for any costs incurred by the department in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted pursuant to an agreement entered into pursuant to this article shall be governed by subdivision (c) of Section 13009 of the Health and Safety Code. (b) This section shall not apply when the department is applying for federal assistance. (Amended by Stats. 2018, Ch. 624, Sec. 16. (SB 1260) Effective January 1, 2019.)
  113. 4480.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. )

    Verify source ↗

    The director may make agreements with private consultants, contractors, or other public agencies when state demand for prescribed burning or hazardous fuel reduction is too high for the department to handle directly in one fiscal year.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. ) ## 4480. In any area of the state where there are substantially more requests for prescribed burning operations or other hazardous fuel reduction pursuant to this article than can be conducted directly by the department in a single fiscal year, the director may enter into an agreement with private consultants or contractors or with other public agencies for furnishing all or a part of the state’s share of the responsibility for planning the operation, preparing the site, and conducting the prescribed burning or other hazardous fuel reduction. The private consultant or contractor or other public agency, and the work assignments of its employees, shall be supervised by the burn boss when conducting prescribed burning operations, or designated officer as determined by the department when conducting other hazardous fuel reduction, as provided in subdivision (c) of Section 4476. (Amended by Stats. 2018, Ch. 624, Sec. 17. (SB 1260) Effective January 1, 2019.)
  114. 44820.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Asbestos Containing Waste [44820- 44820.] ( Chapter 5 added by Stats. 1994, Ch. 1227, Sec. 24. )

    Verify source ↗

    The board must adopt a permitting, inspection, and enforcement program for asbestos-containing waste, with an exception until subdivision (c) applies. The board and DTSC must sign a memorandum of understanding, and DTSC must regulate the waste until the board adopts regulations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 4. SOLID WASTE FACILITIES [43000 - 44820] ( Part 4 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Asbestos Containing Waste [44820- 44820.] ( Chapter 5 added by Stats. 1994, Ch. 1227, Sec. 24. ) ## 44820. (a) Except as provided in subdivision (c), the board shall adopt, by regulation, a permitting, inspection, and enforcement program for the disposal of asbestos containing waste, as specified in Section 25143.7 of the Health and Safety Code, at a solid waste facility or disposal site subject to regulation pursuant to this part. The program may include, but is not limited to, standards and certification requirements for local enforcement agencies, pursuant to which the board may delegate authority for the regulation of asbestos containing waste to local enforcement agencies. (b) On or before March 1, 1995, or the earliest feasible date thereafter, the board and the Department of Toxic Substances Control shall enter into a memorandum of understanding that defines the enforcement responsibilities of each agency for the disposal of asbestos containing waste at a solid waste disposal facility or disposal site subject to regulation pursuant to this part. The memorandum of understanding shall be periodically updated to be consistent with each agency’s responsibilities pursuant to this section and Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (c) Until the board has adopted regulations pursuant to subdivision (a), the Department of Toxic Substances Control shall regulate asbestos containing waste at a solid waste facility or disposal site. (d) Any regulations adopted pursuant to this section shall be deemed emergency regulations and shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare. (Amended by Stats. 2011, Ch. 296, Sec. 266. (AB 1023) Effective January 1, 2012.)
  115. 4483.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. )

    Verify source ↗

    The department may order remediation when type conversion happens in violation of the chaparral and coastal sage scrub rule, and subdivision (a) does not apply to prescribed fire activities exempt from Division 13.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Department of Forestry Burning Agreements [4475 - 4483] ( Heading of Article 2 amended by Stats. 2018, Ch. 624, Sec. 8. ) ## 4483. (a) To the extent feasible, the board’s Vegetation Treatment Program Programmatic Environmental Impact Report shall serve, in addition to any identified entities in the report, as the programmatic environmental document for prescribed fires initiated by a third party for a public purpose pursuant to Section 4491. This subdivision does not apply to a prescribed fire activity that is exempt from the requirements of Division 13 (commencing with Section 21000). (b) (1) It is the intent of the Legislature that additional consideration be provided for chaparral and coastal sage scrub plant communities that are being increasingly threatened by fire frequency in excess of their natural fire return patterns due to climate change and human-caused fires. (2) Prescribed burning, mastication, herbicide application, mechanical thinning, or other vegetative treatments of chaparral or sage scrub shall occur only if the department finds that the activity will not cause “type conversion” away from the chaparral and coastal sage scrub currently on site. (3) This subdivision shall be in addition to the requirements in the Vegetation Treatment Program Programmatic Environmental Impact Report. (c) The department may order remediation for any type conversion caused in violation of paragraph (2) of subdivision (b). (Amended by Stats. 2021, Ch. 375, Sec. 12. (AB 642) Effective January 1, 2022.)
  116. 4491.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. )

    Verify source ↗

    The department must give permit applicants advisory help on safe prescribed burning and provide standby fire protection when staff and equipment are available. The director administers the article, unless that responsibility is delegated to a county fire department chief in a contracting county.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. ) ## 4491. (a) Cooperation by the department, as provided in this article, with a person desiring to use prescribed burning as a means of converting brush-covered lands into forage lands or to help meet wildland management goals, which has as its objective the prevention of high intensity wildland fires, watershed management, range improvement, vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, community wildfire protection, carbon resilience, enhancement of culturally important resources, and maintenance of air quality, or any combination thereof, is declared to be for a public purpose. (b) This article shall be administered by the director or, if responsibility therefor is delegated by the director, by the chief of a county fire department in a county contracting with the department pursuant to Section 4129. (c) In furtherance of this article, the department shall provide advisory service to applicants for permits as to precautions to be taken by the applicant to prevent damage to the property of others by reason of the prescribed burning, and shall provide standby fire protection, to the extent the personnel, fire crews, and firefighting equipment are available. (Amended by Stats. 2017, Ch. 93, Sec. 2. (AB 1712) Effective January 1, 2018.)
  117. 4492.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. )

    Verify source ↗

    Eligible landowners or controllers may apply to the department for permission to use prescribed burning, and the application must use the department’s form and include required land and other information.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. ) ## 4492. A person, firm, or corporation, or a group or combination of persons, firms, corporations, or groups, that owns or controls brush-covered land, forest lands, woodland, grassland, shrubland, or any combination thereof within a state responsibility area may apply to the department for permission to utilize prescribed burning for those public purposes set forth in subdivision (a) of Section 4491. The application shall be on a form prescribed by the department and shall contain a description of the lands and other pertinent information that the department may require. (Amended by Stats. 2017, Ch. 93, Sec. 3. (AB 1712) Effective January 1, 2018.)
  118. 4493.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. )

    Verify source ↗

    The department must inspect the land with the applicant, set preparation requirements and reasonable precautions, consider contingency resources when issuing the permit, and use unit-level burn suspensions when feasible.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. ) ## 4493. (a) Upon receipt of an application, the department shall inspect the land in company with the applicant to determine whether a permit shall be granted, shall prescribe the manner in which the site for the prescribed burning shall be prepared, and shall require any precautions to be taken by the applicant as may be considered reasonable to prevent damage to the property of others by reason of the burning. The precautions shall, if deemed necessary, include the advance preparation of firebreaks and the firefighting equipment and personnel desirable to conduct the prescribed burning. (b) In issuing the permit, the department shall consider the availability of nondepartmental contingency resources when determining whether to require department contingency resources as part of the required precautions. (c) The department shall, to the extent feasible, employ burn suspensions at the unit level, and not at the state or regional level, to not unreasonably restrict prescribed burning operations that are within prescription. (Amended by Stats. 2021, Ch. 375, Sec. 13. (AB 642) Effective January 1, 2022.)
  119. 4494.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. )

    Verify source ↗

    The department may issue a burning permit after the Section 4493 examination, and the permit must state site preparation requirements and precautions. The permit does not remove the holder’s duty to use due diligence, and the department must also develop an automated burn-permit system.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 3. Private Burning of Lands Under Permit [4491 - 4494] ( Heading of Article 3 amended by Stats. 2017, Ch. 93, Sec. 1. ) ## 4494. (a) Upon the conclusion of the examination provided for in Section 4493, the department may issue to the applicant a burning permit that shall specify the site preparation requirements and required precautions to be exercised before and during the burning. The issuance of a permit by the department does not relieve the permitholder from the duty of exercising due diligence to avoid damage to property of others in conducting the burning of vegetation as authorized by the permit. (b) Compliance with a permit issued pursuant to this article shall constitute prima facie evidence of due diligence. (c) The department shall develop and deploy an automated system for burn permits issued pursuant to this article. (Amended by Stats. 2021, Ch. 375, Sec. 14. (AB 642) Effective January 1, 2022.)
  120. 4495.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Air Quality and Prescribed Burns Program [4495- 4495.] ( Article 4 added by Stats. 2018, Ch. 624, Sec. 20. )

    Verify source ↗

    The department and the State Air Resources Board must develop and fund an air-quality and smoke-monitoring program for prescribed burns, working with local air districts and subject to legislative appropriation.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4. Air Quality and Prescribed Burns Program [4495- 4495.] ( Article 4 added by Stats. 2018, Ch. 624, Sec. 20. ) ## 4495. In coordination with local air pollution control and air quality management districts, the department and the State Air Resources Board shall develop and fund a program, upon appropriation by the Legislature, to enhance air quality and smoke monitoring, and to provide a public awareness campaign regarding prescribed burns. The program may include, but not be limited to, purchasing new, rapidly deployable air quality monitors. The program shall include adequate funding, upon appropriation by the Legislature, for local air pollution control and air quality management district participation and implementation costs. (Added by Stats. 2018, Ch. 624, Sec. 20. (SB 1260) Effective January 1, 2019.)
  121. 4497.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.3. Burning with Cooperators [4497 - 4497.2] ( Article 4.3 added by Stats. 2018, Ch. 638, Sec. 2. )

    Verify source ↗

    The director may make agreements for joint prescribed burning operations, and those agreements must set guidelines and require a project agreement for each prescribed burn.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.3. Burning with Cooperators [4497 - 4497.2] ( Article 4.3 added by Stats. 2018, Ch. 638, Sec. 2. ) ## 4497. The director may enter into an agreement with the owner or any other person who has legal control of any property, any public agency with regulatory or natural resource management authority over any property that is included within any wildland, or any nonprofit organization to conduct joint prescribed burning operations that serve the public interest and are beneficial to the state. The agreement shall establish guidelines for the cooperative management of joint prescribed burning operations and shall require the completion of a project agreement for each prescribed burn, which shall include all of the following: (a) A list of all participants. (b) A joint prescribed burn plan. (c) A display of the project costs to be assumed by each participant. (d) A summary of the benefits to be received by each participant. (Added by Stats. 2018, Ch. 638, Sec. 2. (AB 2551) Effective January 1, 2019.)
  122. 4497.2.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.3. Burning with Cooperators [4497 - 4497.2] ( Article 4.3 added by Stats. 2018, Ch. 638, Sec. 2. )

    Verify source ↗

    A prescribed burn is considered in the public interest and beneficial to the state only if it serves one or more listed purposes.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.3. Burning with Cooperators [4497 - 4497.2] ( Article 4.3 added by Stats. 2018, Ch. 638, Sec. 2. ) ## 4497.2. To be considered for the public interest and beneficial to the state, each prescribed burn, pursuant to Section 4497, shall be for any of the following purposes or any combination of the following purposes: (a) Prevention of high-intensity wildland fires through reduction of the volume and continuity of wildland fuels. (b) Watershed management. (c) Range improvement. (d) Vegetation management. (e) Forest improvement. (f) Wildlife habitat improvement. (g) Air quality maintenance. (Added by Stats. 2018, Ch. 638, Sec. 2. (AB 2551) Effective January 1, 2019.)
  123. 4500.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.4. Prescribed Fire Liability Pilot Program [4500 - 4503] ( Heading of Article 4.4 amended by Stats. 2022, Ch. 606, Sec. 2. )

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    This section creates a prescribed fire liability pilot program and a claims fund, sets claim eligibility and payment conditions, caps payments at $2 million per event, and limits the state’s liability to the fund amount.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.4. Prescribed Fire Liability Pilot Program [4500 - 4503] ( Heading of Article 4.4 amended by Stats. 2022, Ch. 606, Sec. 2. ) ## 4500. (a) For purposes of this section, the following terms have the following meanings: (1) “Burn boss” means either of the following: (A) A person certified pursuant to Section 4477 to conduct prescribed burning operations and to enter into contracts related to prescribed burning operations. (B) A person qualified for the National Wildfire Coordinating Group position title of “Prescribed Fire Burn Boss Type 1” or “Prescribed Fire Burn Boss Type 2.” (2) “Cultural burn” has the same meaning as set forth in Section 3333.8 of the Civil Code. (3) “Cultural fire practitioner” has the same meaning as set forth in Section 3333.8 of the Civil Code. (4) “Fund” means the Prescribed Fire Claims Fund established pursuant to subdivision (c). (5) “Program” means the Prescribed Fire Liability Pilot Program established pursuant to subdivision (b). (b) The Prescribed Fire Liability Pilot Program is hereby established, to be administered by the department, to increase the pace and scale of the use of prescribed fire and cultural burning and to reduce barriers for conducting prescribed fires and cultural burning. (c) (1) (A) The Prescribed Fire Claims Fund is hereby created in the State Treasury to support coverage for losses from prescribed fires and cultural burning by nonpublic entities, such as cultural fire practitioners, private landowners, and nongovernmental entities. The moneys in the fund shall be under the control of the department, and the department, or the third-party administrator with whom the department contracts pursuant to subdivision (d), is authorized to direct payments for claims from the fund, consistent with this section and the guidelines adopted by the department pursuant to subdivision (e). (B) Upon order of the Department of Finance, the amount in Item 3540-102-0001 of the Budget Act of 2021 (Chapter 240 of the Statutes of 2021) shall be transferred into the fund. (C) Notwithstanding Section 13340 of the Government Code or any other law, all moneys deposited or transferred into the fund, including pursuant to subparagraph (B), shall be continuously appropriated, without regard to fiscal years, to the department for purposes of this section. (2) (A) Except as provided in subparagraph (B), notwithstanding any other law, the Controller may use moneys in the fund for cash flow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund. (B) This paragraph does not authorize any transfer that would interfere with the department’s ability to carry out the purposes of this section. (d) (1) The department may contract with any entity, including another state agency, to serve as a third-party administrator to administer or to assist in administering the fund, including, but not limited to, managing and operating the fund, adjusting claims made to the fund, and paying claims from the fund. Subject to prior written approval by the Insurance Commissioner pursuant to Section 1063.19 of the Insurance Code, the California Insurance Guarantee Association may serve as a third-party administrator of the fund. Participation by the California Insurance Guarantee Association shall be governed by the Insurance Commissioner’s authority over its Plan of Operation, pursuant to Article 14.2 (commencing with Section 1063) of Chapter 1 of Part 2 of Division 1 of the Insurance Code. (2) A third-party administrator with whom the department contracts pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited from settling or adjusting any claims to the fund while seeking to subrogate against the fund. (3) (A) Notwithstanding any other law, advertising, competitive bidding, and protest requirements, and the requirement for Department of General Services approval, do not apply to a contract of no more than three years entered into by the department in the 2022–2023 fiscal year with a third-party administrator pursuant to this subdivision. However, subsequent contracts shall be awarded in accordance with applicable state laws and policies. (B) In the event that a third-party administrator with whom the department contracts with pursuant to this subdivision, including the California Insurance Guarantee Association, is prohibited by law from settling or adjusting any claims to the fund as a result of seeking to subrogate against the fund, the department may award a contract to a new third-party administrator for the limited purpose of settling and adjusting those claims only and that contract shall not be subject to existing advertising, competitive bidding, and protest requirements, or the requirement for Department of General Services approval. (e) The department shall collaborate with other relevant state agencies, cultural fire practitioners, and burn bosses to establish guidelines governing the program and the administration of the fund, including the payment of claims from the fund. The guidelines shall include, at a minimum, all of the following requirements: (1) An eligible claim shall relate to either of the following: (A) A prescribed fire conducted or supervised by a burn boss. (B) A cultural burn conducted or supervised by a cultural fire practitioner. (2) A claim shall not be paid from the fund unless, at a minimum, all of the following conditions are met: (A) The department reviewed and approved a burn plan before the prescribed fire or cultural burning. (B) A burn permit, if required, and all other permits required to conduct the prescribed fire or cultural burn were obtained. (C) The department determines that the prescribed fire or cultural burn complied with, as applicable, the terms and conditions of all burn plans, burn permits, and other permits required to conduct the prescribed fire or cultural burn. (3) The maximum amount the fund shall pay for losses arising from any one prescribed fire or cultural burn event is two million dollars ($2,000,000). For purposes of this paragraph, “losses arising from any one prescribed fire or cultural burn event” means all activities conducted pursuant to any one burn plan and, if required, burn permit. (f) The department shall post the guidelines established pursuant to subdivision (e) on its internet website. (g) Notwithstanding any other law, the state’s liability for all claims for covered losses established pursuant to this section and the guidelines developed by the department pursuant to subdivision (e) shall be limited as described in this section and to the amount in the fund. (h) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the guidelines developed by the department pursuant to subdivision (e) and used by the department or a third-party administrator with whom the department contracts pursuant to subdivision (d) to implement the program and to administer the fund. (i) A person engaging with a Native American tribe, tribal organization, or cultural fire practitioner pursuant to this article shall respect tribal sovereignty, customs, and culture. (Repealed and added by Stats. 2022, Ch. 606, Sec. 4. (SB 926) Effective September 27, 2022. Repealed as of January 1, 2028, pursuant to Section 4503.)
  124. 45000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. )

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    The enforcement agency or board may order corrective action for certain solid waste violations, except minor violations fixed immediately in the inspector’s presence.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45000. (a) Except as provided in subdivision (b), the enforcement agency or the board may issue an administrative order requiring the owner or operator of a solid waste facility or disposal site or a person in violation of Section 44000.5, to take corrective action as necessary to abate a nuisance, or to protect human health and safety or the environment. If both the board and the enforcement agency issue an administrative order regarding the same facility, disposal site, or person, the order issued by the board shall prevail if there is a conflict between the orders. (b) An administrative order shall not be issued for a minor violation that is corrected immediately in the presence of the inspector. Immediate compliance in that manner shall be noted in the inspection report. (c) The enforcement agency or the board may contract for corrective action after an order issued pursuant to subdivision (a) becomes final and the owner or operator fails to comply with the order by the date specified in the order. (d) If an enforcement agency or the board expends any funds pursuant to subdivision (b), the owner or operator of the solid waste facility or disposal site or a person in violation of Section 44000.5 shall reimburse the enforcement agency or the board for the amount expended, including, but not limited to, a reasonable amount for contract administration, and an amount equal to the interest that would have been earned on the expended funds. The amount expended shall be recoverable in a civil action by the Attorney General, upon request of the local enforcement agency or the board. (e) A contract for corrective action entered into by the board is exempt from approval by the Department of General Services pursuant to Section 10295 of the Public Contract Code. (f) A corrective action shall incorporate by reference applicable waste discharge requirements issued by the state water board or a regional water board, and shall be consistent with all applicable water quality control plans adopted pursuant to Section 13170 of, and Article 3 (commencing with Section 13240) of Chapter 4 of Division 7 of, the Water Code, and 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 corrective action or proposed corrective action. (Amended by Stats. 2008, Ch. 500, Sec. 17. Effective January 1, 2009.)
  125. 45001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    This section says the chapter does not limit the state water board or a regional water board from issuing enforcement orders or taking corrective actions for solid waste facilities.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45001. Nothing in this division affects the authority of the state water board or a regional water board to issue enforcement orders or take corrective actions with regard to solid waste facilities. (Repealed and added by Stats. 1995, Ch. 952, Sec. 34. Effective October 16, 1995.)
  126. 45002.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. )

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    Some orders must include notice of the person’s right to appeal, and a recipient of a notice to comply may request a hearing in a limited set of minor-violation cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45002. (a) Except as provided in subdivision (b), an order issued pursuant to this part or Part 4 (commencing with Section 43000) shall provide the person subject to that order with a notice of that person’s right to appeal pursuant to Part 4 (commencing with Section 43000) and Part 6 (commencing with Section 45030). (b) The recipient of a notice to comply issued pursuant to Section 45003 may request that a hearing be conducted in accordance with Section 44307, but only with respect to an action taken by an enforcement agency of the board that arises from a minor violation that the owner or operator fails to correct or fails to certify, in a timely manner, as having been corrected. (Amended by Stats. 2008, Ch. 500, Sec. 18. Effective January 1, 2009.)
  127. 45003.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    For minor violations found during an inspection, the agency must use a notice to comply, and the cited person must correct the violation and return a signed correction notice on time.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 1. Corrective Action Orders [45000 - 45003] ( Article 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45003. (a) (1) An authorized representative of the enforcement agency or board who, in the course of conducting an inspection, detects a minor violation, shall take an enforcement action as to the minor violation only in accordance with this section. (2) In a proceeding concerning an enforcement action taken pursuant to this section, there shall be a rebuttable presumption upholding the determination made by the enforcement agency or board regarding whether the violation is a minor violation. (b) A notice to comply shall be the only means by which an enforcement agency or board may cite a minor violation, unless the person cited fails to correct the violation or fails to submit the certification of correction within the time period prescribed in the notice, in which case the enforcement agency or board may take any enforcement action, including imposing a penalty, as authorized by this part. (c) (1) The enforcement agency or the board shall commence an enforcement action under this section by serving a notice to comply on the owner or operator of the solid waste facility or disposal site at which a violation has occurred, specifying the violation and the manner in which the violation may be corrected. (2) A person who receives a notice to comply detailing a minor violation shall have not more than 30 days from the date of the notice to comply in which to correct any violation cited in the notice to comply. Within five working days of correcting the violation, the person cited or an authorized representative shall sign the notice to comply, certifying that any violation has been corrected, and return the notice to the enforcement agency or board, whichever issued the notice to comply. (3) A false certification that a violation has been corrected is punishable as a misdemeanor. (4) The effective date of the certification that a violation has been corrected shall be one of the following dates, whichever occurs first: (A) The date the certification is received by the enforcement agency or the board, whichever issued the notice to comply, including receipt of an electronic or facsimile version of the certification. (B) The date the certification is postmarked by the United States Postal Service. (C) The date the certification is accepted for delivery by a national express delivery service as evidenced by a receipt. (d) If a notice to comply is issued, a single notice to comply shall be issued for all minor violations noted during the inspection, and the notice to comply shall list all of the minor violations and the manner in which each of the minor violations may be brought into compliance. (e) If a person who receives a notice to comply pursuant to subdivision (c) disagrees with one or more of the alleged violations listed on the notice to comply, the person shall provide the enforcement agency or board that issued the notice to comply a written notice of disagreement specifying the allegations with which the person disagrees along with the returned signed notice to comply, certifying that all of the undisputed violations have been corrected. If the person disagrees with all of the alleged violations, the written notice of disagreement shall be returned in lieu of the signed certification of correction within 30 days of the date of issuance of the notice to comply. If the issuing agency takes administrative enforcement action on the basis of the disputed violation, that action may be appealed in the same manner as any other alleged violation under Section 44307. (f) This section does not do any of the following: (1) Prevent a reinspection to ensure compliance with this division or to ensure that minor violations cited in a notice to comply have been corrected and that the solid waste facility or disposal site is in compliance with this division. (2) Prevent the enforcement agency or board from requiring a person to submit necessary documentation needed to support the person’s claim of compliance pursuant to subdivision (c). (3) Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. (4) Prevent the enforcement agency or board from cooperating with, or participating in, a proceeding specified in paragraph (3). (Added by Stats. 2008, Ch. 500, Sec. 19. Effective January 1, 2009.)
  128. 45005.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 2. Cease and Desist Orders [45005- 45005.] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    An enforcement agency or the board may issue a cease and desist order to certain persons involved with solid waste facilities, disposal sites, or violations of Section 44000.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 2. Cease and Desist Orders [45005- 45005.] ( Article 2 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45005. An enforcement agency or the board may issue a cease and desist order to any of the following: (a) A person who is operating, has operated, or proposes to operate a solid waste facility or operates a disposal site in an unauthorized manner, or who is disposing of solid waste in any of the following manners: (1) In violation of a solid waste facilities permit or in violation of this division, or any regulation adopted pursuant to this division. (2) Without a solid waste facilities permit. (3) In a manner that causes or threatens to cause a condition of hazard, pollution, or nuisance. (b) A person who has violated, is violating, or proposes to violate Section 44000.5. (Amended by Stats. 2008, Ch. 500, Sec. 20. Effective January 1, 2009.)
  129. 45010.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    The board and enforcement agencies must impose civil penalties on operators of solid waste facilities, but only after reasonable notice-and-compliance efforts have been made. Collected penalty funds cannot go into the local General Fund and must be kept in a segregated account or, for board-paid penalties, the Enforcement Penalty Account.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45010. (a) The board and enforcement agencies shall impose civil penalties on the operators of solid waste facilities in a judicious manner and shall impose those penalties only after all reasonable efforts pursuant to Section 45010.2 have been made by enforcement agencies to provide proper notice of violations to alleged violators as well as a reasonable opportunity to bring solid waste facilities and disposal sites into compliance with this division. (b) An enforcement agency shall not deposit funds collected through the imposition of civil penalties pursuant to this article in the General Fund of the local enforcement agency, but instead shall deposit those funds in a segregated account and use those funds exclusively for enhancing solid waste enforcement within the local enforcement agency’s jurisdiction, including, but not limited to, all of the following: (1) Increasing enforcement programs. (2) Expanding the agency’s enforcement capabilities. (3) Bringing solid waste facilities into compliance with this division. (4) Remediating illegal or abandoned solid waste disposal sites. (c) Civil penalties paid to the board pursuant to this article shall be deposited in the Enforcement Penalty Account, which is hereby established in the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Section 48027. Notwithstanding subdivision (b) of Section 48027, the moneys in the Enforcement Penalty Account may be expended by the board, upon appropriation by the Legislature, to enforce and implement this division. (Amended by Stats. 2008, Ch. 500, Sec. 21. Effective January 1, 2009.)
  130. 45010.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    The board or an enforcement agency may order a civil penalty of up to $5,000 for each violation, and for each day the violation continues, against a person who violates certain solid-waste permit, division, regulation, or order requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45010.1. (a) The board or an enforcement agency may issue an order imposing a civil penalty of not more than five thousand dollars ($5,000) for each violation, for each day that the violation continues, to a person who violates the terms or conditions of a solid waste facilities permit or who violates a requirement of this division, a regulation adopted pursuant to this division, or an order issued under this chapter, if the requirement, regulation, or order is applicable to a solid waste facility or a disposal site. An enforcement agency or the board may impose the penalty administratively pursuant to this part. (b) In determining the amount of civil liability to be imposed pursuant to this section, the board or enforcement agency shall take into consideration the factors specified in Section 45016. (Added by Stats. 2008, Ch. 500, Sec. 22. Effective January 1, 2009.)
  131. 45010.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    Before issuing an order under this chapter, the board or enforcement agency must notify the owner or operator of a solid waste facility or disposal site of the violation, unless the matter is only a notice to comply under Section 45003.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45010.2. Before the board or enforcement agency issues an order under this chapter, except for a notice to comply pursuant to Section 45003, the board or enforcement agency shall do both of the following: (a) Notify the owner or operator of the solid waste facility or the owner or operator of the disposal site, that the facility or site is in violation of this division, a regulation adopted pursuant to this division, or an order issued under this division, applicable to a solid waste facility or disposal site. (b) Upon the request of the owner or operator of the solid waste facility or the owner or operator of the disposal site, meet with the owner or operator to clarify the applicable requirements and to determine what actions, if any, that the operator or owner may voluntarily take to bring the facility or site into compliance by the earliest feasible date. (Added by Stats. 2008, Ch. 500, Sec. 23. Effective January 1, 2009.)
  132. 45011.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    An enforcement agency or the board may order a solid waste facility, disposal site, or related person situation into compliance and may add an administrative civil penalty of up to $5,000 per day if compliance is not achieved on time.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45011. If an enforcement agency or the board determines that a solid waste facility or disposal site is in violation of this division, a regulation adopted pursuant to this division, the terms or conditions of a solid waste facilities permit, an order issued under this division, or poses a potential or actual threat to public health and safety or the environment, or determines that a person has disposed of solid waste at an unpermitted disposal site in violation of Section 44000.5, the enforcement agency or board may issue an order establishing a time schedule according to which the facility or site shall be brought into compliance with this division. The order may also provide for a civil penalty, to be imposed administratively by the enforcement agency or board, in an amount not to exceed five thousand dollars ($5,000) for each day on which a violation occurs, if compliance is not achieved in accordance with that time schedule. (Amended by Stats. 2008, Ch. 500, Sec. 24. Effective January 1, 2009.)
  133. 45012.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    The board may take enforcement action in limited circumstances, but generally must give notice, allow correction, and hold a public hearing before acting.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45012. (a) If an enforcement agency, despite having made a good faith effort pursuant to its enforcement authority or any other authority, is unable to correct a violation, and the board, acting through its executive director, and the enforcement agency both agree that enforcement by the board is feasible and desirable pursuant to these circumstances, the board, acting through its executive director, may take any appropriate enforcement action pursuant to this section. (b) (1) Notwithstanding subdivision (a), the board shall not take any enforcement action specified in this part without providing notice to the enforcement agency and the violator of the board’s intent to take that action, allowing the enforcement agency and the violator a reasonable opportunity to correct the violation, and conducting a public hearing on the matter. (2) When taking an enforcement action pursuant to this section, the board is vested, in addition to its other powers, with all of the authority to take an action that an enforcement agency may take pursuant to this division. (c) Notwithstanding subdivisions (a) and (b), if the board finds that an enforcement agency’s failure to take enforcement action constitutes an imminent threat to public health and safety or to the environment, the board may take the enforcement action that the board determines is necessary. (Amended by Stats. 2008, Ch. 500, Sec. 25. Effective January 1, 2009.)
  134. 45013.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    The board must provide guidance and assistance to the enforcement agency on inspecting, investigating, enforcing, and remediating certain disposal sites.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45013. The board shall make available guidance and assistance to the enforcement agency regarding the inspection, investigation, enforcement, and remediation of illegal, abandoned, inactive, or closed disposal sites to ensure that public health and safety and the environment are protected. (Amended by Stats. 2008, Ch. 500, Sec. 26. Effective January 1, 2009.)
  135. 45014.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    If a person fails to comply with a final order, the Attorney General or an authorized attorney may seek injunctive relief or collect a civil penalty through the court, and the court clerk must enter the judgment immediately.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45014. (a) Upon the failure of a person to comply with a final order issued by a local enforcement agency or the board, the Attorney General, upon request of the board, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person or persons from continuing to violate the order or complaint. (b) An attorney authorized to act on behalf of the local enforcement agency or the board may petition the superior court for injunctive relief to enforce this part, a term or condition in a solid waste facilities permit, or a standard adopted by the board or the local enforcement agency. (c) In addition to the administrative imposition of civil penalties pursuant to this part, Article 6 (commencing with Section 42850) of Chapter 16 of Part 3, and Article 4 (commencing with Section 42962) of Chapter 19 of Part 3, an attorney authorized to act on behalf of the local enforcement agency or the board may apply, to the clerk of the appropriate court in the county in which the civil penalty was imposed, for a judgment to collect the penalty. The application, which shall include a certified copy of the decision or order in the civil penalty action, constitutes a sufficient showing to warrant issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall include the amount of the court filing fee that would have been due from an applicant who is not a public agency, and has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. The amount of the unpaid court filing fee shall be paid to the court prior to satisfying any of the civil penalty amount. Thereafter, any civil penalty or judgment recovered shall be paid, to the maximum extent allowed by law, to the board or to the local enforcement agency, whichever is represented by the attorney who brought the action. (Amended by Stats. 2008, Ch. 696, Sec. 29. Effective September 30, 2008.)
  136. 45015.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    Remedies under this part are additional to other legal remedies and do not replace or limit them.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45015. Remedies under this part are in addition to, and do not supersede or limit, any other applicable remedies provided by law. (Added by Stats. 1995, Ch. 952, Sec. 34. Effective October 16, 1995.)
  137. 45016.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    When deciding liability, outcomes, or permit actions, the issuing agency, the board, or a court must consider the listed factors.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45016. In making a determination regarding the allegations in, and the amount of any liability that may be imposed pursuant to, an order, petition, or complaint and determining the appropriate outcome, and when determining whether to deny, suspend, or revoke a permit or to deny a permit application, the issuing agency, the board, or a court, as the case may be, shall take into consideration: (a) The nature, circumstances, extent, and gravity of any violation or any condition giving rise to the violation and the various remedies and penalties that are appropriate in the given circumstances, with primary emphasis on protecting the public health and safety and the environment. (b) Whether the violations or conditions giving rise to the violation have been corrected in a timely fashion or reasonable progress is being made. (c) Whether the violations or conditions giving rise to the violation demonstrate a chronic pattern of noncompliance with this division, the regulations adopted pursuant to this division, or with the terms and conditions of a solid waste facilities permit, or pose, or have posed, a serious risk to the public health and safety or to the environment. (d) Whether the violations or conditions giving rise to the violation were intentional. (e) Whether the violations or conditions giving rise to the violation were voluntarily and promptly reported to appropriate authorities prior to the commencement of an investigation by the enforcement agency. (f) Whether the violations or conditions giving rise to the violation were due to circumstances beyond the reasonable control of the violator or were otherwise unavoidable under the circumstances. (g) Whether in the case of violations of this division, or the regulations adopted pursuant to this division, the violator has established one or more of the following programs prior to committing the violation that will help to prevent violations of the type committed in the future: (1) A comprehensive compliance program designed to prevent violations of this division, the regulations adopted pursuant to this division, and of the terms and conditions of the solid waste facilities permit. (2) Employee training programs designed to educate the employees regarding their responsibilities under this division, the regulations adopted pursuant to this division, and the terms and conditions of the solid waste facilities permit. (3) Regular internal audits to monitor the effectiveness of the comprehensive compliance programs described in paragraph (1). (4) Confidential systems for employee reporting of potential statutory, regulatory, or solid waste facilities permit violations and for protecting persons so reporting from retaliatory employment actions. (5) Special incentive programs that promote and reward statutory, regulatory, and permit compliance. (Added by Stats. 1995, Ch. 952, Sec. 34. Effective October 16, 1995.)
  138. 45017.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    Orders and determinations under this section generally take effect immediately when served, but affected parties may seek a stay by petitioning the board or executive director.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45017. (a) (1) Except as provided in paragraphs (2) and (3), all orders and determinations issued pursuant to this part or Part 4 (commencing with Section 43000) shall take effect immediately upon service. (2) (A) If an order or determination is issued pursuant to this part or Part 4 (commencing with Section 43000) to the owner or operator of a solid waste facility operating under a solid waste facilities permit issued in accordance with this part, the owner or operator may petition the executive director of the board, pursuant to this subparagraph, to stay the effect of the order or determination, or portion thereof, pending the completion of administrative appeals before the hearing panel or hearing officer or the board. (B) A petition submitted pursuant to subparagraph (A) shall be in writing and shall state the extraordinary circumstances that justify the stay. The petition shall also state the grounds, if any, on which a finding may be made that the immediate effect of the order or determination will preclude or interfere with the provision of an essential public service so that the public health and safety or the environment will be adversely affected. (C) If the executive director finds the immediate effect of the order or determination will preclude or interfere with the provision of an essential public service so that the public health and safety or the environment will be adversely affected, the executive director shall consider and act on the petition within three days from the receipt of the petition. The board or the executive director may order the stay to be in effect from the effective date of the order or determination or other appropriate date. (D) If the executive director does not find that the immediate effect of the order or determination will preclude or interfere with the provision of an essential public service, the board shall act upon the petition within 14 days or at its next scheduled public meeting, whichever date is sooner. (3) (A) If an order or determination is issued pursuant to this part or Part 4 (commencing with Section 43000) to a person that is not the owner or operator of a permitted solid waste facility, the person subject to the order or determination may petition the board pursuant to this subparagraph to stay the effect of the order or determination, or portion thereof, pending the completion of administrative appeals before the hearing panel or hearing officer or the board. (B) The board shall act on a petition filed pursuant to subparagraph (A) within 14 days or at its next scheduled public meeting whichever date is sooner. The board may order the stay to be in effect from the effective date of the order or determination or other appropriate date. (b) For purposes of this section, service may be effected by any of the following: (1) Personal delivery. (2) First-class United States mail, if it is made by certified mail and evidence of delivery is provided. (3) Express delivery by a national express mail service that provides evidence of delivery. (Amended by Stats. 2008, Ch. 500, Sec. 27. Effective January 1, 2009.)
  139. 45018.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    Civil liability assessed under this chapter must be paid within 30 days after the order becomes final, and recovered penalties must be sent to the board or enforcement agency that brought the action.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45018. The payment of civil liability assessed in any order issued under this chapter shall be made within 30 days of the date the order becomes final. Any penalties recovered shall be sent to the board or to the enforcement agency, whichever brought the action, as provided in subdivision (c) of Section 45014. (Added by Stats. 1995, Ch. 952, Sec. 34. Effective October 16, 1995.)
  140. 45019.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    Certain agencies must share a written explanation or violation description before or shortly after specified enforcement actions when the matter may also fall under another state agency’s jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45019. At least 10 days prior to the date of issuance of an enforcement order which is not for an emergency, or within five days from the date of issuance of an enforcement order for an emergency, or within 15 days from the date of discovery of a violation of a state law, regulation, or term or condition of a solid waste facilities permit for a solid waste facility or disposal site, which is likely to result in an enforcement action, the following agencies shall, to the extent that the enforcement action involves a violation that may also be under the jurisdiction of another state regulatory agency, provide a written statement providing an explanation of, and justification for, the enforcement order or a description of the violation in the following manner: (a) The enforcement agency, as appropriate, shall provide the statement to the regional water board, the board, the air pollution control district or air quality management district, and the Department of Toxic Substances Control. (b) A regional water board, as appropriate, shall provide the statement to the enforcement agency, the board, the air pollution control district or air quality management district, and the Department of Toxic Substances Control. (c) An air pollution control district or an air quality management district, as appropriate, shall provide the statement to the enforcement agency, the board, the regional water board, and the Department of Toxic Substances Control. (d) The Department of Toxic Substances Control, as appropriate, shall provide the report of inspection required by paragraph (1) of subdivision (c) of Section 25185 of the Health and Safety Code to the enforcement agency, the board, the regional water board, and the air pollution control district or air quality management district. (Amended by Stats. 2008, Ch. 500, Sec. 28. Effective January 1, 2009.)
  141. 45020.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    Certain enforcement agencies must inspect solid waste facilities or disposal sites within 30 days after notice of an enforcement order, and they must coordinate, notify owners/operators before penalties, meet on request before penalties, and consider Section 45016 factors.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45020. (a) Within 30 days from the date of receipt of a notice of the issuance of, or the proposal to issue, an enforcement order pursuant to Section 45022, the regional water board, the enforcement agency, or the air pollution control district or the air quality management district, and the Department of Toxic Substances Control, as appropriate, shall inspect the solid waste facility or disposal site to determine whether any state law, regulation, or term or condition of a permit, which that board or agency is authorized to enforce, is being violated. (b) Each agency, to the maximum extent allowed by law, shall do all of the following with respect to enforcement activities at solid waste facilities and disposal sites: (1) Coordinate enforcement activities to eliminate duplication and facilitate compliance. (2) Notify the owner and operator of the solid waste facility or owner and operator of the disposal site of a violation before imposing an administrative civil penalty. (3) Prior to imposing an administrative penalty, and upon the request of the owner or operator of the solid waste facility or owner or operator of the disposal site, meet with the owner or operator to clarify the regulatory requirements and to determine what actions, if any, the owner or operator could voluntarily take to bring the solid waste facility or disposal site into compliance by the earliest feasible date. If a contemporaneous enforcement action or investigation dealing with the same violation or with similar violations is being pursued by another regulatory agency, a city attorney, a county counsel, a district attorney, or the Attorney General, the operator may request a meeting with all those investigating and enforcement entities. (4) Consider the factors prescribed in Section 45016 in determining appropriate enforcement actions. (Amended by Stats. 2008, Ch. 500, Sec. 29. Effective January 1, 2009.)
  142. 45021.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    If a board or agency named in Section 45019 gets a complaint about a solid waste facility or disposal site and decides it lacks authority to act, it must refer the complaint to another authorized state agency within 30 days.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45021. If any board or agency specified in Section 45019 receives a complaint concerning a solid waste facility or disposal site and the board or agency determines that it is not authorized to take action concerning the complaint, the board or agency shall refer the complaint within 30 days from the date of receipt to another state agency that it determines is authorized to take action. (Amended by Stats. 2008, Ch. 500, Sec. 30. Effective January 1, 2009.)
  143. 45022.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    When a specified agency or board gets a complaint about a solid waste facility or disposal site, it must either take enforcement action, refer the complaint to the proper prosecutor/attorney, or explain in writing—within 60 days—why enforcement is not appropriate.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45022. If any agency or board specified in Section 45019 receives a complaint concerning a solid waste facility or disposal site that the agency or board does not refer to another state agency pursuant to Section 45021, or if the agency or board receives this complaint referred to it by another agency or board pursuant to Section 45021, the agency or board shall either take appropriate enforcement action concerning the facility or site pursuant to this part, or refer the complaint to the Attorney General, the district attorney, the city attorney, or the county counsel, whichever is applicable, or, at the earliest feasible date, not to exceed 60 days, provide the person who filed the complaint with a written statement explaining why an enforcement action would not be appropriate. (Amended by Stats. 2008, Ch. 500, Sec. 31. Effective January 1, 2009.)
  144. 45022.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    An enforcement agency must keep records of, and may take authorized action on, complaints, referrals, or inspections about solid waste operations within its jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45022.5. An enforcement agency shall maintain a record of, and take any action that the enforcement agency is authorized to take regarding, a complaint, referral, or inspection relating to the operation of a solid waste facility, solid waste disposal site, or solid waste handling activity, including, but not limited to, those activities that do not require a solid waste facilities permit, within its jurisdiction. (Added by Stats. 2004, Ch. 448, Sec. 12. Effective January 1, 2005.)
  145. 45023.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    A person may be subject to a civil penalty of up to $10,000 for each day of certain solid-waste violations or unpermitted operation.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45023. A civil penalty of not more than ten thousand dollars ($10,000) may be imposed upon a person who for each day the violation or operation occurs: (a) Owns or operates a solid waste facility or disposal site and who intentionally or negligently violates or causes or permits another to violate the terms and conditions of a solid waste facilities permit or a standard, requirement, or order applicable to a solid waste facility or disposal site. (b) Operates a solid waste facility without a solid waste facilities permit. (c) With respect only to a solid waste facility or disposal site, intentionally or negligently violates a provision of this division, or a regulation, administrative order, or standard adopted by the board or an enforcement agency. (Amended by Stats. 2008, Ch. 500, Sec. 32. Effective January 1, 2009.)
  146. 45024.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. )

    Verify source ↗

    An attorney for the board or a local enforcement agency may ask the superior court to impose, assess, and recover civil penalties under Section 45023.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 1. Administrative Enforcement [45000 - 45024] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 34. ) ## ARTICLE 3. Civil Penalties [45010 - 45024] ( Article 3 added by Stats. 1995, Ch. 952, Sec. 34. ) ## 45024. Any attorney authorized to act on behalf of the board or a local enforcement agency may petition the superior court to impose, assess, and recover the civil penalties authorized by Section 45023. Any penalties recovered pursuant to this section shall be paid, to the maximum extent allowed by law, to the board or to the local enforcement agency, whichever is represented by the attorney bringing the action. (Added by Stats. 1995, Ch. 952, Sec. 34. Effective October 16, 1995.)
  147. 45025.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 2. Criminal Enforcement [45025- 45025.] ( Chapter 2 added by Stats. 2008, Ch. 500, Sec. 33. )

    Verify source ↗

    Violating Part 4 is a misdemeanor with fines, and in some cases jail time; the court may also make a convicted person remove unlawfully disposed solid waste or pay removal costs as a probation condition.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 5. ENFORCEMENT [45000 - 45025] ( Part 5 repealed and added by Stats. 1995, Ch. 952, Sec. 34. ) ## CHAPTER 2. Criminal Enforcement [45025- 45025.] ( Chapter 2 added by Stats. 2008, Ch. 500, Sec. 33. ) ## 45025. (a) (1) A violation of Part 4 (commencing with Section 43000) is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation. Each instance of disposal that violates Section 44000.5 is a separate violation. (2) In addition to a fine under paragraph (1), a violation punishable under paragraph (1) is punishable by imprisonment in a county jail for not more than six months if any of the following circumstances apply to the person convicted of a violation of this section and cause or threaten to cause serious harm to public health or safety or the environment: (A) The person knowingly makes a false statement in a permit application or other document used for the purpose of compliance with this chapter. (B) The person knowingly destroys, alters, or conceals any records required to be maintained pursuant to this chapter. (C) The person withholds information requested by the enforcement agency. (D) The person is convicted of more than one violation of this division, or is in violation of more than one regulation adopted pursuant to this division or term and condition of a permit. (E) Upon receipt of an order from the board or a local enforcement agency, the person fails to correct or make reasonable progress toward correcting a violation. (b) In addition to any fine imposed upon a conviction, the court may require, as a condition of probation and in addition to any other condition of probation, that the person convicted under this section remove, or pay the cost of removing, any solid waste the person unlawfully disposed, caused, or arranged to be disposed, transported, or accepted for disposal. (Added by Stats. 2008, Ch. 500, Sec. 33. Effective January 1, 2009.)
  148. 4503.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.4. Prescribed Fire Liability Pilot Program [4500 - 4503] ( Heading of Article 4.4 amended by Stats. 2022, Ch. 606, Sec. 2. )

    Verify source ↗

    This article ends on January 1, 2028 unless a later statute changes that date.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.4. Prescribed Fire Liability Pilot Program [4500 - 4503] ( Heading of Article 4.4 amended by Stats. 2022, Ch. 606, Sec. 2. ) ## 4503. This article shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. (Added by Stats. 2022, Ch. 606, Sec. 5. (SB 926) Effective September 27, 2022. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.4, commencing with Section 4500.)
  149. 45030.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 1. Enforcement Agency Action [45030 - 45032] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 35. )

    Verify source ↗

    A party may appeal to the board, but must file a written request and summary; the board must schedule, notify, and hear the appeal within stated time limits.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 1. Enforcement Agency Action [45030 - 45032] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 35. ) ## 45030. (a) A party to a hearing held pursuant to Chapter 4 (commencing with Section 44300) of Part 4 may appeal to the board to review the written decision of the hearing panel or hearing officer or to review the petitioner’s request in the instance of a failure of a hearing panel or hearing officer to render a decision or consider the request for review, or a determination by the governing body not to direct the hearing panel or hearing officer to hold a public hearing, under the following circumstances: (1) Within 10 days from the date of issuance of a written decision by a hearing panel or hearing officer. (2) If no decision is issued, within 45 days from the date a request for a hearing was received by the enforcement agency for which there was a failure of a hearing panel or hearing officer to render a decision or consider a petitioner’s request pursuant to Section 44310. (b) An appellant shall commence an appeal to the board by filing a written request for a hearing together with a brief summary statement of the legal and factual basis for the appeal. (c) Within five days from the date the board receives the request for a hearing, the board shall schedule a hearing on the appeal and notify the appellant and all other parties to the underlying proceeding of the date of the board hearing. (d) The board shall hear the appeal within 60 days from the date the board received the request for the appeal. (e) The board shall conduct the hearing on the appeal in accordance with the procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of the Government Code. (Amended by Stats. 2004, Ch. 448, Sec. 13. Effective January 1, 2005.)
  150. 45031.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 1. Enforcement Agency Action [45030 - 45032] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 35. )

    Verify source ↗

    The board may act on an appeal within 30 days after it is filed, including declining to hear it, deciding it on the record or written arguments, or holding a hearing.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 1. Enforcement Agency Action [45030 - 45032] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 35. ) ## 45031. Within 30 days from the date that an appeal is filed with the board, the board may do any of the following: (a) Determine not to hear the appeal if the appellant fails to raise substantial issues. (b) Determine not to hear the appeal if the appellant failed to participate in the administrative hearing before the hearing panel, except that the board shall hear the appeal if the appellant shows good cause for the appellant’s failure to appear. (c) Determine to accept the appeal and to decide the matter on the basis of the record before the hearing panel, or based on written arguments submitted by the parties, or both. (d) Determine to accept the appeal and hold a hearing, within 60 days, unless all parties stipulate to extending the hearing date. (Added by Stats. 1995, Ch. 952, Sec. 35. Effective October 16, 1995.)
  151. 45032.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 1. Enforcement Agency Action [45030 - 45032] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 35. )

    Verify source ↗

    On appeal, the board can overturn a local enforcement agency action only if substantial evidence shows it was inconsistent with the division; it can also direct the agency to act or do the action itself if the agency does not act by the board’s deadline.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 1. Enforcement Agency Action [45030 - 45032] ( Chapter 1 added by Stats. 1995, Ch. 952, Sec. 35. ) ## 45032. (a) In the board’s hearing on the appeal, the evidence before the board shall consist of the record before the hearing panel or hearing officer, relevant facts as to any actions or inactions not subject to review by a hearing panel or hearing officer, the record before the local enforcement agency, written and oral arguments submitted by the parties, and any other relevant evidence that, in the judgment of the board, should be considered to effectuate and implement the policies of this division. (b) The board may only overturn an enforcement action, and any administrative civil penalty, by a local enforcement agency if it finds, based on substantial evidence, that the action was inconsistent with this division. If the board overturns the decision of the local enforcement agency, the hearing panel, or the hearing officer, or finds that the enforcement agency has failed to act as required, the board may do both of the following: (1) Direct that the appropriate action be taken by the local enforcement agency. (2) If the local enforcement agency fails to act by the date specified by the board, take the appropriate action itself. (Amended by Stats. 2004, Ch. 448, Sec. 14. Effective January 1, 2005.)
  152. 45040.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 2. Judicial Review [45040 - 45042] ( Chapter 2 added by Stats. 1995, Ch. 952, Sec. 35. )

    Verify source ↗

    An aggrieved party may file a petition for a writ of mandate in superior court within 30 days after service of the board’s decision or order.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 2. Judicial Review [45040 - 45042] ( Chapter 2 added by Stats. 1995, Ch. 952, Sec. 35. ) ## 45040. (a) Within 30 days from the date of service of a copy of a decision or order issued by the board pursuant to Section 45031 or 45032, any aggrieved party may file with the superior court a petition for a writ of mandate for review thereof. (b) (1) The filing of a petition for writ of mandate shall not stay any enforcement action taken or the accrual of any penalties assessed, pursuant to this part or Part 5 (commencing with Section 45000). (2) Paragraph (1) shall not prohibit the court from granting any appropriate relief within its jurisdiction. (Amended by Stats. 2008, Ch. 500, Sec. 35. Effective January 1, 2009.)
  153. 45041.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 2. Judicial Review [45040 - 45042] ( Chapter 2 added by Stats. 1995, Ch. 952, Sec. 35. )

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    In judicial review, the court must base the evidence on the administrative records and may also consider other relevant evidence the court thinks should be used to carry out the division’s policies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 2. Judicial Review [45040 - 45042] ( Chapter 2 added by Stats. 1995, Ch. 952, Sec. 35. ) ## 45041. The evidence before the court shall consist of the records before the hearing panel or hearing officer and the board, if any, including the enforcement agency’s records, and any other relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the policies of this division. (Amended by Stats. 2004, Ch. 448, Sec. 16. Effective January 1, 2005.)
  154. 45042.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 2. Judicial Review [45040 - 45042] ( Chapter 2 added by Stats. 1995, Ch. 952, Sec. 35. )

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    This section says that, unless another rule in this chapter says otherwise, Code of Civil Procedure Section 1094.5 governs proceedings under this article.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 6. APPEALS [45030 - 45042] ( Part 6 added by Stats. 1995, Ch. 952, Sec. 35. ) ## CHAPTER 2. Judicial Review [45040 - 45042] ( Chapter 2 added by Stats. 1995, Ch. 952, Sec. 35. ) ## 45042. Except as otherwise provided in this chapter, Section 1094.5 of the Code of Civil Procedure shall govern proceedings pursuant to this article. (Added by Stats. 1995, Ch. 952, Sec. 35. Effective October 16, 1995.)
  155. 4505.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.5. Tribal Sovereignty with Respect to Cultural Burning [4505- 4505.] ( Article 4.5 added by Stats. 2024, Ch. 666, Sec. 4. )

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    This section lets the Natural Resources Agency and local air districts make written agreements with federally recognized California Native American tribes about cultural burning, and it requires some consultation and copying of final agreements to specified officials.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 7. Burning of Lands [4461 - 4505] ( Chapter 7 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 4.5. Tribal Sovereignty with Respect to Cultural Burning [4505- 4505.] ( Article 4.5 added by Stats. 2024, Ch. 666, Sec. 4. ) ## 4505. (a) (1) The Legislature acknowledges that federally recognized California Native American tribes have inherent sovereignty and authority to regulate their members and cultural practices, including, but not limited to, cultural fire practitioners and cultural burning. (2) The Legislature finds and declares that in order to meet fuel management and wildfire resilience goals of the state and to address the historical wrongs of criminalizing cultural use of fire, the state must work collaboratively with federally recognized California Native American tribes that engage in cultural burning within their ancestral territories. (b) (1) The Secretary of the Natural Resources Agency, in consultation with its departments, commissions, boards, conservancies, and other entities, may enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories. In deference to tribal sovereignty, the secretary may agree in a written agreement regarding cultural burning that compliance with either of the following is not required: (A) The state permitting or regulatory requirements in Article 3 (commencing with Section 4491). (B) The burn plan requirements in subdivision (e) of Section 4500. (2) The Secretary of the Natural Resources Agency shall consult with federally recognized California Native American tribes on the implementation of paragraph (1). (3) (A) Local air districts may enter into written agreements with federally recognized California Native American tribes in support of tribal sovereignty with respect to cultural burning in their ancestral territories. (B) A local air district may agree in a written agreement regarding cultural burning that compliance with its permitting, regulatory, or administrative requirements is not required. (C) In the event of a disagreement between a local air district and a tribe in developing or implementing an agreement, the Secretary for Environmental Protection shall assist in resolving the disagreement. (4) The Secretary of the Natural Resources Agency or the local air district shall provide a copy of a final written agreement developed under this subdivision to the Deputy Secretary for Tribal Affairs at the Natural Resources Agency. In addition, a local air district shall provide a copy of a final written agreement developed under this subdivision to the State Air Resources Board. (c) Nothing in this section provides authorization to enter or burn property without the permission of the landowner. (d) Any state or local agency operating within a federally recognized California Native American tribe’s ancestral territory, including a local air district and a regional water quality control board, is highly encouraged to collaboratively work together with federally recognized California Native American tribes to create conditions that support cultural burning. (e) A cultural burn conducted with an agreement developed under this section shall meet the permit requirements of Section 3333.8 of the Civil Code. (f) This section does not grant immunity from fire suppression or other costs otherwise recoverable pursuant to Section 13009 or 13009.1 of the Health and Safety Code to any person whose conduct constitutes gross negligence. (g) An agreement reached under this section shall include a clear description of the area covered by the agreement and an attestation that the area is within the boundaries of the tribe’s ancestral territory. (h) This article shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 666, Sec. 4. (SB 310) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 4505.)
  156. 4511.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    This chapter is known as the Z'berg-Nejedly Forest Practice Act of 1973.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4511. This chapter shall be known as the Z'berg-Nejedly Forest Practice Act of 1973. (Added by Stats. 1973, Ch. 880.)
  157. 4512.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    The Legislature states the policy of encouraging prudent and responsible forest resource management while considering timber, watershed, fisheries, wildlife, carbon sequestration, and recreation.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4512. (a) The Legislature hereby finds and declares that the forest resources and timberlands of the state are among the most valuable of the natural resources of the state and that there is great concern throughout the state relating to their utilization, restoration, and protection. (b) The Legislature further finds and declares that the forest resources and timberlands of the state furnish high-quality timber, recreational opportunities, and aesthetic enjoyment while providing watershed protection and maintaining fisheries and wildlife. (c) The Legislature thus declares that it is the policy of this state to encourage prudent and responsible forest resource management calculated to serve the public’s need for timber and other forest products, while giving consideration to the public’s need for watershed protection, fisheries and wildlife, sequestration of carbon dioxide, and recreational opportunities alike in this and future generations. (d) It is not the intent of the Legislature by the enactment of this chapter to take private property for public use without payment of just compensation in violation of the California and United States Constitutions. (Amended by Stats. 2010, Ch. 534, Sec. 1. (AB 1504) Effective January 1, 2011.)
  158. 4512.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    The provision says California forests are important for carbon storage and climate policy, and urges the board, the department, and the State Air Resources Board to improve policies and regulations accordingly.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4512.5. The Legislature finds and declares all of the following: (a) State forests play a critical and unique role in the state’s carbon balance by sequestering carbon dioxide from the atmosphere and storing it long term as carbon. (b) According to the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), the state’s forests currently are an annual net sequester of five million metric tons of carbon dioxide (5MMTCO2). In fact, the forest sector is the only sector included in the scoping plan that provides a net sequestration of greenhouse gas emissions. (c) The scoping plan proposes to maintain the current 5MMTCO2 annual sequestration rate through 2020 by implementing “sustainable management practices,” which include potential changes to existing forest practices and land use regulations. (d) There is increasing evidence that climate change has and will continue to stress forest ecosystems, which underscores the importance of proactively managing forests so that they can adapt to these stressors and remain a net sequester of carbon dioxide. (e) The board, the department, and the State Air Resources Board should strive to go beyond the status quo sequestration rate and ensure that their policies and regulations reflect the unique role forests play in combating climate change. (Amended by Stats. 2011, Ch. 296, Sec. 256. (AB 1023) Effective January 1, 2012.)
  159. 4513.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    The Legislature states its intent to create and maintain a comprehensive system for regulating and using timberlands.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4513. It is the intent of the Legislature to create and maintain an effective and comprehensive system of regulation and use of all timberlands so as to ensure both of the following: (a) Where feasible, the productivity of timberlands is restored, enhanced, and maintained. (b) The goal of maximum sustained production of high-quality timber products is achieved while giving consideration to values relating to sequestration of carbon dioxide, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment, and aesthetic enjoyment. (Amended by Stats. 2010, Ch. 534, Sec. 3. (AB 1504) Effective January 1, 2011.)
  160. 4514.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    This section says the chapter and board policies do not limit certain nuisance and enforcement powers, and do not limit a person’s right to seek private relief.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4514. This chapter or a ruling, requirement, or policy of the board is not a limitation on the following: (a) On the power of a city or county or city and county to declare, prohibit, and abate nuisances. (b) On the power of the Attorney General, at the request of the 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 pollution or nuisance. (c) On the power of a state agency in the enforcement or administration of the law that it is specifically authorized or required to enforce or administer. (d) On the right of a person to maintain at any time an appropriate action for relief against a private nuisance as defined in Part 3 (commencing with Section 3479) of Division 4 of the Civil Code or for any other private relief. (Amended by Stats. 2011, Ch. 584, Sec. 1. (AB 1414) Effective January 1, 2012.)
  161. 4514.3.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    Timber operations under this chapter are exempt from certain waste discharge requirements if both listed agencies certify the chapter’s practices as best management practices for silviculture after January 1, 2003.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4514.3. (a) Timber operations conducted pursuant to this chapter are exempt from the waste discharge requirements of Article 4 (commencing with Section 13260) of Chapter 4 of Division 7 of the Water Code as long as both the federal Environmental Protection Agency and the State Water Resources Control Board certify after January 1, 2003, that the provisions of this chapter constitute best management practices for silviculture pursuant to Section 208 of the Federal Water Pollution Control Act. (b) The exemption contained in subdivision (a) does not apply when any of the following occurs: (1) The board requests issuance of waste discharge requirements. (2) There has been a finding by the State Water Resources Control Board that the board has failed to maintain a water quality regulatory process consistent with the certification required under subdivision (a). (3) After monitoring the water quality impacts from timber operations conducted in compliance with this chapter, there has been a finding by the State Water Resources Control Board that compliance with best management practices would result in less water quality protection than required in water quality control plans approved pursuant to Section 13245 of the Water Code. (Amended by Stats. 2003, Ch. 900, Sec. 1. Effective January 1, 2004.)
  162. 4514.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    A person may bring an action against the board or the department to seek a writ of mandate compelling them to carry out a duty under this chapter.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4514.5. A person may commence an action on his or her own behalf against the board or the department for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board or the department to carry out a duty imposed upon them pursuant to this chapter. (Amended by Stats. 2012, Ch. 162, Sec. 144. (SB 1171) Effective January 1, 2013.)
  163. 4516.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    The California Tahoe Regional Planning Agency may adopt stricter rules and regulations, and the Tahoe Regional Planning Agency may adopt rules under a stated funding condition.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4516. Notwithstanding any provision of this chapter, the California Tahoe Regional Planning Agency shall have the right, within the reasonable exercise of its powers, to adopt rules and regulations by ordinance or resolution which are stricter than those provided under this chapter and regulations adopted pursuant to this chapter. The agency’s rules and regulations may include, but are not limited to, matters relating to soil erosion control, protection of stream character and water quality, flood control, stand density control, reforestation methods, mass soil movements, submission of timber harvesting plans, location and grade of roads and skid trails, excavation and fill requirements, slash and debris disposal, haul routes and schedules, hours and dates of logging, and performance bond requirements. Whenever state funds are not expended for the support of the California Tahoe Regional Planning Agency, as provided in Section 67131 of the Government Code, the Tahoe Regional Planning Agency shall have the right to adopt rules and regulations pursuant to this section. (Amended by Stats. 1982, Ch. 1561, Sec. 2.)
  164. 4516.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    Counties may recommend timber-operation rules, but they generally may not regulate timber operations or require permits unless subdivision (e) applies.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4516.5. (a) Individual counties may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of timber operations to take account of local needs. For purposes of this section, “timber operations” includes, but is not limited to, soil erosion control, protection of stream character and water quality, water distribution systems, flood control, stand density control, reforestation methods, mass soil movements, location and grade of roads and skid trails, excavation and fill requirements, slash and debris disposal, haul routes and schedules, hours and dates of logging, and performance bond or other reasonable surety requirements for onsite timber operations and for protection of publicly and privately owned roads that are part of the haul route. Where a bond or other surety has been required, the director shall not issue a work completion report without first ascertaining whether the county in which the timber operations were conducted has knowledge of any claims intended to be made on the bond or surety. (b) The board shall, in conformance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code and within 180 days after receiving recommended rules and regulations from a county, adopt rules and regulations for the content of timber harvesting plans and the conduct of timber operations consistent with the recommended rules and regulations, subject to Section 4551.5, if the board finds the recommended rules and regulations are both of the following: (1) Consistent with the intent and purposes of this chapter. (2) Necessary to protect needs and conditions of the county recommending them. (c) The rules and regulations, if adopted by the board, shall apply only to the conduct of timber operations within the recommending county and shall be enforced and implemented by the department in the same manner as other rules and regulations adopted by the board. (d) Except as provided in subdivision (e), individual counties shall not otherwise regulate the conduct of timber operations, as defined by this chapter, or require the issuance of any permit or license for those operations. (e) The board may delegate to individual counties its authority to require performance bonds or other surety for the protection of roads, in which case, the procedures and forms shall be the same as those used in similar circumstances in the county. The board may establish reasonable limits on the amount of performance bonds or other surety which may be required for any timber operation and criteria for the requirement, payment, and release of those bonds or other surety. If the county fails to inform the director of the claims within 30 days after the completion report has been filed, the bond or surety shall be released. (f) This section does not apply to timber operations on any land area of less than three acres and which is not zoned timberland production. (Amended by Stats. 1984, Ch. 1446, Sec. 1.)
  165. 4516.6.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

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    This section delays approval and start of certain timber harvesting plans, allows county appeals, and requires hearings and notices in the appeal process.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4516.6. (a) To provide for adequate public review and comment, notwithstanding Section 4582.7, the director shall not approve a timber harvesting plan in any county for which rules and regulations have been adopted pursuant to Section 4516.5 or 4516.8 until 35 days from the date of filing of the plan, and timber operations shall not commence until five days from the date of approval of the plan. The board may provide, by regulation, for those periods to be waived or shortened by the department upon a determination, pursuant to criteria and procedures established by the board, that the proposed timber operations will cause no significant environmental damage or threat to public health and safety or to the environment, or that the timber operations are necessary to reduce that threat. If the chairperson of the board of supervisors of the county in which the proposed timber operations are located notifies the director and the plan submitter that the county intends to appeal the approval of the plan and that the county meets the requirements for filing an appeal, no timber operations shall occur until the final determination of the appeal. If the board of supervisors determines not to appeal the approval of the plan, it shall immediately notify the director and the plan submitter in writing of that determination, and timber operations pursuant to the plan may commence immediately. (b) (1) The board of supervisors of the county for which rules and regulations have been adopted pursuant to Section 4516.5 or 4516.8 may, not later than 10 days after approval of the plan by the director, appeal that approval to the board, if the county has both participated in the initial inspection of the plan area with the director and participated in a multidisciplinary review of the plan. (2) The board may establish procedures for filing the appeal and may specify findings that the board of supervisors is required to make in filing the appeal to demonstrate that a substantial issue is raised with respect to public health and safety or the environment. (c) The board shall grant to a county that meets the requirements for filing an appeal an initial hearing to consider the county’s request for an appeal at the next regularly scheduled board meeting following the receipt of the request. (d) The board shall grant a public hearing on the appeal if it determines at an initial hearing pursuant to subdivision (c) that the appeal raises substantial issues with respect to public health and safety or the environment. (e) (1) The board shall hold a public hearing on the appeal granted pursuant to subdivision (d) within 30 days from the date of granting the hearing or at the next regularly scheduled board meeting, whichever occurs first, or within a longer period of time that is mutually agreed upon by the board, the county, and the plan submitter. Upon conclusion of the hearing, the board shall approve or deny the plan. The basis of the board’s decision shall be conformance with this section and the rules and regulations of the board, including any rules or regulations enacted with respect to the county pursuant to Section 4516.5 or 4516.8, and this chapter. In denying a plan, the board may make findings that set forth conditions under which it believes that the plan would have been approved. (2) The board may delegate conduct of the hearing and the decision to a committee of three members to be appointed for that hearing by the chairperson of the board. The committee shall consist of at least two general public members of the board. The chairperson of the board or the chairperson’s designee shall conduct the hearing. The decision of the committee shall have the full force and effect of a decision of the full board. (f) This section does not apply to timber operations on any land area of less than three acres and that is not zoned for timberland production. (Amended by Stats. 2006, Ch. 538, Sec. 563. Effective January 1, 2007.)
  166. 4516.8.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    These five counties may recommend that the board adopt extra timber-harvesting rules and regulations.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4516.8. In addition to the authority provided in Section 4516.5, the Counties of Marin, Monterey, San Mateo, Santa Clara, and Santa Cruz may recommend that the board adopt additional rules and regulations for the content of timber harvesting plans and the conduct of timber operations which provide a requirement that each timber harvesting plan contain a description of all log hauling routes, a statement of whether an encroachment permit is required by any public agency, and a requirement that no timber harvesting plan be approved by the director without the condition that the timber operator secure all required encroachment permits prior to commencement of timber operations. (Added by Stats. 1986, Ch. 1157, Sec. 2.)
  167. 4517.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter still applies.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 1. General Provisions [4511 - 4517] ( Article 1 added by Stats. 1973, Ch. 880. ) ## 4517. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1973, Ch. 880.)
  168. 4521.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

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    This article’s definitions control how this chapter is read, 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4521. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter. (Repealed and added by Stats. 1973, Ch. 880.)
  169. 4521.3.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    “Board” means 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4521.3. “Board” means the State Board of Forestry and Fire Protection. (Amended by Stats. 1998, Ch. 972, Sec. 18. Effective January 1, 1999.)
  170. 4523.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

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    This section defines “District” as a forest district.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4523. “District” means a forest district. (Repealed and added by Stats. 1973, Ch. 880.)
  171. 4524.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

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    This section defines “license” as a license to engage in timber operations issued under Article 6, starting with Section 4571.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4524. “License” means a license to engage in timber operations, issued pursuant to Article 6 (commencing with Section 4571) of this chapter. (Amended by Stats. 1975, Ch. 372.)
  172. 4525.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section defines “person” broadly to include individuals, organizations, business entities, local governments, the state, and state departments or agencies.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4525. “Person” includes any private individual, organization, partnership, corporation, limited liability company, city, county, district, or the state or any department or agency thereof. (Amended by Stats. 1994, Ch. 1010, Sec. 209. Effective January 1, 1995.)
  173. 4525.3.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    “Resource conservation standards” means the minimum acceptable condition resulting from timber operations.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4525.3. “Resource conservation standards” means the minimum acceptable condition resulting from timber operations. (Added by Stats. 1973, Ch. 880.)
  174. 4525.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    “Rules” means the district forest practice rules adopted by the board.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4525.5. “Rules” means the district forest practice rules adopted by the board. (Added by Stats. 1973, Ch. 880.)
  175. 4525.7.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    “Slash” means certain timber-operation debris, including small branches or limbs and bark or split products left on the ground.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4525.7. “Slash” means branches or limbs less than four inches in diameter, and bark and split products debris left on the ground as a result of timber operations. (Added by Stats. 1973, Ch. 880.)
  176. 4526.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

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    This section defines “timberland” as land that can grow commercial tree crops, excluding federal land and land the board has designated as experimental forest land.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4526. “Timberland” means land, other than land owned by the federal government and land designated by the board as experimental forest land, which is available for, and capable of, growing a crop of trees of a commercial species used to produce lumber and other forest products, including Christmas trees. Commercial species shall be determined by the board on a district basis. (Amended by Stats. 2011, Ch. 584, Sec. 5. (AB 1414) Effective January 1, 2012.)
  177. 4526.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    “Timber operator” means a person engaged in timber operations, or someone who contracts with others to conduct those operations on their behalf, unless the person is an employee whose only compensation is wages.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4526.5. “Timber operator” means a person who is engaged in timber operations or who contracts with others to conduct the operations on his or her behalf, except a person who is engaged in timber operations as an employee with wages as his or her sole compensation. (Amended by Stats. 2011, Ch. 584, Sec. 6. (AB 1414) Effective January 1, 2012.)
  178. 4527.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section defines “timber operations,” “commercial purposes,” and “urban wildland interface community at high risk of wildfire,” and it lists a specific exclusion from “timber operations” for certain small-tree removals from firebreaks or fuelbreaks.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4527. (a) (1) “Timber operations” means the cutting or removal, or both, of timber or other solid wood forest products, including Christmas trees, from timberlands for commercial purposes, together with all the incidental work, including, but not limited to, construction and maintenance of roads, fuelbreaks, firebreaks, stream crossings, landings, skid trails, and beds for the falling of trees, fire hazard abatement, and site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities, but excluding preparatory work such as treemarking, surveying, or roadflagging. (2) “Commercial purposes” includes (A) the cutting or removal of trees that are processed into logs, lumber, or other wood products and offered for sale, barter, exchange, or trade, or (B) the cutting or removal of trees or other forest products during the conversion of timberlands to land uses other than the growing of timber that are subject to Section 4621, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, ski developments, water development projects, and transportation projects. (b) For purposes of this section, the removal of trees less than 16 inches in diameter at breast height from a firebreak or fuelbreak does not constitute “timber operations” if the removal meets all of the following criteria: (1) It is located within 500 feet of the boundary of an urban wildland interface community at high risk of wildfire, as defined in pages 751 to 776, inclusive, of Volume 66 of the Federal Register (66 FR 751-02), as that definition may be amended from time to time. For purposes of this paragraph, “urban wildland interface community at high risk of wildfire” means an area having one or more structures for every five acres. (2) It is part of a community wildfire protection plan approved by the department or part of a department fire plan. (3) The trees to be removed will not be processed into logs or lumber, unless the work is being conducted by, or in partnership with, a public agency or a nonprofit organization that has received a grant from the department for vegetation management or fuel reduction, in which case the logs or lumber may be sold. (4) The work to be conducted is under a firebreak or fuelbreak project that has been subject to a project-based review pursuant to a negative declaration, mitigated negative declaration, or environmental impact report in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). For projects to be conducted on forested landscapes, as defined in Section 754, the project and the project-based review shall be prepared by or in consultation with a registered professional forester. (5) The removal of surface and ladder fuels is consistent with former paragraph (9) of subdivision (j) of Section 4584, as that section read on December 31, 2018. (Amended by Stats. 2018, Ch. 626, Sec. 11. (SB 901) Effective January 1, 2019.)
  179. 4527.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    “Timber owner” means a person who owns certain timber or timber rights on another person’s land, except a federal agency.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4527.5. “Timber owner” means a person who owns commercial timber, timberland, or timber rights, including Christmas tree rights, on lands of another except a federal agency. (Amended by Stats. 2011, Ch. 584, Sec. 8. (AB 1414) Effective January 1, 2012.)
  180. 4528.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This section defines several forestry terms used in the chapter, including basal area per acre, countable tree, stocking, site classification, fuel break, and stream.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4528. As used in this chapter: (a) “Basal area per acre” means the sum of the cross-sectional areas at breast height of the tree stems of commercial species per acre. (b) “Countable tree” means a tree that can be used in calculating the degree of stocking under the following criteria: (1) The tree must be in place at least two growing seasons. (2) The tree must be live and healthy. (3) The tree must have at least one-third of its length in live crown, except in pure stands of Douglas fir the tree must have at least one-fourth of its length in live crown. (4) The tree must be a commercial species from a local seed source or a seed source which the registered professional forester determines will produce commercial trees physiologically suited for the area involved. (c) “Stocking” means a measure of the degree to which space is occupied by well-distributed countable trees. (d) “Site classification” means the classification of productive potential of timberland into one of five classes by board regulation, consistent with normally accepted forestry practices. Site I shall denote sites of highest productivity, site II and site III shall denote sites of intermediate productivity potential, and site IV and site V shall denote sites of lowest productivity potential. (e) “Fuel break” means a strip of modified fuel to provide a line from which to work in the control of fire. (f) “Stream” means a natural watercourse as designated by a solid line or dash and three dots symbol shown on the largest scale United States Geological Survey map most recently published. (Amended by Stats. 1978, Ch. 1181.)
  181. 4528.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    This chapter does not apply to an employee whose only compensation is wages.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4528.5. This chapter does not apply to a person who engages in activities regulated by this chapter, as an employee, with wages as his or her sole compensation. (Amended by Stats. 2011, Ch. 584, Sec. 9. (AB 1414) Effective January 1, 2012.)
  182. 4529.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Penalties and remedies under this chapter are concurrent and alternative to other legal rights, remedies, or penalties allowed by law for the same violation.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4529. The penalties and remedies which are prescribed in this chapter are concurrent and alternative to any other civil, criminal, or administrative rights, remedies, or penalties which are provided or allowed by law with respect to such violation. (Repealed and added by Stats. 1973, Ch. 880.)
  183. 4529.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Documents required under this chapter may be served by registered or certified mail to the respondent’s latest address on file with the department.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 2. Definitions [4521 - 4529.5] ( Article 2 added by Stats. 1973, Ch. 880. ) ## 4529.5. Service of documents where required under this chapter may be made by registered or certified mail addressed to the respondent’s latest address registered on file with the department. Where other forms of service are prescribed, personal service is not precluded. (Amended by Stats. 1976, Ch. 1300.)
  184. 4531.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 3. Districts [4531- 4531.] ( Heading of Article 3 amended by Stats. 2011, Ch. 584, Sec. 10. )

    Verify source ↗

    The board must divide the state into at least three districts and consider local physical differences when setting them up. It should group similar lands together where possible, and it may change district boundaries when needed.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 3. Districts [4531- 4531.] ( Heading of Article 3 amended by Stats. 2011, Ch. 584, Sec. 10. ) ## 4531. The board shall divide the state into not less than three districts. In establishing these districts, the board shall take into account differing physical characteristics, including, but not limited to, climate, soil type, and principal forest crops. Insofar as possible, the board shall group together lands that have substantially similar characteristics and that will best be served by substantially similar regulations. Boundaries of such districts may be altered from time to time as the board determines is necessary. (Amended by Stats. 1975, Ch. 372.)
  185. 4551.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must adopt district forest practice rules for each district and make sure those rules consider forest resources’ ability to sequester carbon dioxide, where applicable.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4551. (a) The board shall adopt district forest practice rules and regulations for each district in accordance with the policies set forth in Article 1 (commencing with Section 4511) of this chapter and pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to ensure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish, wildlife, and water resources, including, but not limited to, streams, lakes, and estuaries. (b) (1) The board shall ensure that its rules and regulations that govern the harvesting of commercial tree species, where applicable, consider the capacity of forest resources, including above ground and below ground biomass and soil, to sequester carbon dioxide emissions sufficient to meet or exceed the state’s greenhouse gas reduction requirements for the forestry sector, consistent with the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (2) The costs of the contracts for research studies or technical analyses initiated by the board or the department to comply with paragraph (1) shall be funded, upon appropriation by the Legislature, from fee revenues collected pursuant to Section 38597 of the Health and Safety Code. (Amended by Stats. 2010, Ch. 534, Sec. 4. (AB 1504) Effective January 1, 2011.)
  186. 4551.3.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

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    A sustained yield plan can last no more than 20 years. If an interested party makes a written, evidence-based request, the department must hold a public hearing, and the director can make written noncompliance findings that affect whether the plan continues.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4551.3. (a) A sustained yield plan that is prepared and approved in accordance with rules and regulations adopted by the board pursuant to Section 4551, including Article 6.75 (commencing with Section 1091.1) of Subchapter 7 of Chapter 4 of Division 1.5 of Title 14 of the California Code of Regulations, shall be effective for a period of no more than 20 years. (b) As part of the continuing monitoring process for an approved sustained yield plan, as described in subdivision (a), the department shall hold a public hearing on the plan if requested by an interested party who submits, in writing, a request based on substantial evidence of potential noncompliance with any of the following: (1) The terms and conditions of the original sustained yield plan approval. (2) The applicable rules or regulations adopted by the board that were in effect on the date the sustained yield plan was originally approved. (3) Other requirements that have been imposed on the sustained yield plan by operation of law. (c) The request shall identify specific issues in the sustained yield plan to be addressed at the public hearing. To be considered, a request shall be made to the department within six months after the midpoint of the effective term of a sustained yield plan described in subdivision (a). The department shall hold the public hearing within 120 days after the date of the close of the six-month request period. A sustained yield plan shall be effective for the remainder of its term unless the director makes written findings, based on a preponderance of evidence, that implementation of the sustained yield plan is not in compliance with any material provision of paragraph (1), (2), or (3) of subdivision (b). (d) If a public hearing is required, the director shall provide at least 30 days’ notice to the sustained yield plan submitter and the public and shall provide for a record of the hearing, pursuant to regulations adopted by the board. (Amended by Stats. 2019, Ch. 108, Sec. 1. (AB 1160) Effective January 1, 2020.)
  187. 4551.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Rules and regulations for timber operations must include specified environmental and forestry measures, and the board must seek and consider recommendations when developing them.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4551.5. Rules and regulations shall apply to the conduct of timber operations and shall include, but shall not be limited to, measures for fire prevention and control, for soil erosion control, for site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities, for water quality and watershed control, for flood control, for stocking, for protection against timber operations that unnecessarily destroy young timber growth or timber productivity of the soil, for prevention and control of damage by forest insects, pests, and disease, for the protection of natural and scenic qualities in special treatment areas identified pursuant to subdivision (b) of Section 30417, and for the preparation of timber harvesting plans. In developing these rules, the board shall solicit and consider recommendations from the department, recommendations from the Department of Fish and Game relating to the protection of fish and wildlife, recommendations from the State Water Resources Control Board and the California regional water quality control boards relating to water quality, recommendations from the State Air Resources Board and local air pollution control districts relating to air pollution control, and recommendations of the California Coastal Commission relating to the protection of natural and scenic coastal zone resources in special treatment areas. (Amended by Stats. 2012, Ch. 162, Sec. 146. (SB 1171) Effective January 1, 2013.)
  188. 4551.7.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must adopt regulations by November 1, 1988 for site preparation that disturbs soil or burns vegetation after timber harvesting on or after January 1, 1988.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4551.7. The board shall, on or before November 1, 1988, adopt regulations pertaining to site preparation that involves disturbance of soil or burning of vegetation following timber harvesting activities conducted after January 1, 1988. (Added by Stats. 1987, Ch. 987, Sec. 3.)
  189. 4551.9.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    The board must adopt regulations requiring timber harvesting plans to include maps of project locations and boundaries, but it cannot require maps for projects completed more than 10 years earlier.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4551.9. (a) On or before January 1, 2005, the board shall adopt regulations to require that a timber harvesting plan include a map or maps, depicting the location and boundaries of past, present, and reasonably foreseeable probable future projects, as defined in Section 21065 and Section 895.1 of Title 14 of the California Code of Regulations, on land owned or controlled by the applicant in the planning watershed. The board may not require an applicant to furnish maps of projects completed more than 10 years prior to the submission of the timber harvesting plan. Maps shall include silvicultural prescription. The scale and format of maps provided pursuant to this subdivision shall be determined by the board. This subdivision may not be construed to require disclosure of proprietary information to the public. (b) The board shall consider the impact of the regulations on smaller landowners, and avoid excessive burdens or costs on those landowners. (Added by Stats. 2003, Ch. 816, Sec. 1. Effective January 1, 2004.)
  190. 4552.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

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    The board must base its rules on a study of timberland conditions, use those rules as standards for timber harvesting plans, and include guidance standards when the director is expected to use professional judgment.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4552. The rules and regulations adopted by the board shall be based upon a study of the factors that significantly affect the present and future condition of timberlands and shall be used as standards by persons preparing timber harvesting plans. In those instances in which the board intends the director to exercise professional judgment in applying any rule, regulation, or provision of this chapter, the board shall include in its rules standards to guide the actions of the director, and the director shall conform to such standards, consistent with Section 710. (Amended by Stats. 1977, Ch. 930.)
  191. 4553.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

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    The board must consult specified public and private entities and carefully evaluate their recommendations when formulating or revising the rules and regulations.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4553. The rules and regulations shall be continuously reviewed and may be revised. During the formulation or revision of the rules and regulations, the board shall consult with, and carefully evaluate the recommendations of, the department, concerned federal, state, and local agencies, educational institutions, civic and public interest organizations, and private organizations and individuals. (Amended by Stats. 2011, Ch. 584, Sec. 20. (AB 1414) Effective January 1, 2012.)
  192. 4554.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

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    The board generally may not adopt or revise rules, regulations, or resource conservation standards unless it first holds a public hearing.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4554. Except for emergency regulations or orders of repeal adopted pursuant to Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, the board shall not adopt or revise rules, regulations, or resource conservation standards unless a public hearing is first held respecting their adoption or revision. At least 30 days prior to the hearing, the board shall give notice of the hearing by publication pursuant to Section 6061 of the Government Code. (Amended by Stats. 1981, Ch. 714, Sec. 355.)
  193. 4554.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

    Verify source ↗

    Rules and regulations under this chapter take effect on a specified January 1 or, for certain emergency-rule conversions, 30 days after Office of Administrative Law approval.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4554.5. (a) Notwithstanding Section 11343.4 of the Government Code, except as specified in subdivision (b), rules and regulations adopted or revised pursuant to this chapter shall become effective on the next January 1 that is not less than 30 days from the date of approval of those rules or regulations by the Office of Administrative Law. (b) Notwithstanding subdivision (a), if the board adopts emergency regulations pursuant to Section 4555, and subsequently adopts those emergency regulations as nonemergency rules or regulations pursuant to this chapter, the rules or regulations shall become effective 30 days from the date of approval of the rules or regulations by the Office of Administrative Law. (c) This section shall become operative on January 1, 2001. (Repealed (in Sec. 1) and added by Stats. 1999, Ch. 582, Sec. 1.5. Effective January 1, 2000. Section operative January 1, 2001, by its own provisions.)
  194. 4555.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. )

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    The director may delay a timber harvesting plan decision in limited circumstances, but must notify the board within 5 days. The board must then make a determination within 30 days after notice, and if needed must amend the rules by emergency regulation. The director must act on the plan within 15 days after the board acts.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 4. Rules and Regulations [4551 - 4555] ( Article 4 added by Stats. 1973, Ch. 880. ) ## 4555. If the director determines that a substantial question exists concerning whether the intent of this chapter is currently provided for by the rules and regulations of the board, and that approval of a timber harvesting plan which has been filed could result in immediate, significant, and long-term harm to the natural resources of the state, the director may withhold decision on a timber harvesting plan. However, within five days of that action, the director shall notify the board of that action. Within 30 days of the receipt of the notice, the board shall, after a public hearing, make a determination as to whether or not the intent of this chapter has been provided for in the rules and regulations of the board. The determination shall be conclusive. If the board finds that the intent of this chapter has not been provided for in the rules and regulations, the board shall act to amend the rules by emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The director shall act upon the plan within 15 days of the board’s action. Emergency regulations adopted pursuant to this section shall be effective for not more than 120 days. The regulations may be made permanent if the board acts to adopt or revise its rules and regulations pursuant to procedures established in this article for the adoption of other than emergency regulations. (Amended by Stats. 1984, Ch. 738, Sec. 1.)
  195. 4561.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

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    This section sets stocking standards for timber operations and gives the board limited power to encourage or regulate certain timber management practices.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 4561. It is the purpose of this section to set forth resource conservation standards for timber operations, and to ensure that a cover of trees of commercial species, sufficient to utilize adequately the suitable and available growing space, is maintained or established after timber operations. To that end, the following resource conservation standards define minimum acceptable stocking, and an area covered by a timber harvesting plan shall be classified as acceptably stocked if either of the following conditions exist within five years after completion of timber operations: (a) The area contains an average point count of 300 per acre, except that in areas that the registered professional forester who prepares the timber harvesting plan has determined are site IV classification or lower, the minimum average point count shall be 150 per acre. Point count shall be computed as follows: (1) A countable tree that is not more than four inches in diameter at breast height to count as one. (2) A countable tree over 4 inches and not more than 12 inches in diameter at breast height to count as three. (3) A countable tree over 12 inches in diameter at breast height to count as six. (b) (1) The average residual basal area, measured in stems one inch or larger in diameter is at least 85 square feet per acre, except that in areas that the registered professional forester who prepares the timber harvesting plan has determined are site II classification or lower, the minimum average residual basal area shall be 50 square feet per acre. (2) The board, on a finding that it is in furtherance of the purposes of this chapter, may encourage selection, shelterwood, or other types of management of timber if consistent with the biological requirements of the tree species and may regulate the size and shape of areas in which even-age management of timber is utilized. (3) Rock outcroppings and other areas not normally bearing timber shall not be considered as requiring stocking and are exempt from the stocking provisions. (Amended by Stats. 2012, Ch. 162, Sec. 147. (SB 1171) Effective January 1, 2013.)
  196. 4561.1.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

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    Timber harvesting plans must meet the stocking standards in Section 4561, unless the board sets higher district standards.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 4561.1. The resource conservation standards relating to stocking enumerated in Section 4561 shall constitute minimum requirements, and these shall be the standards to which all timber harvesting plans shall conform unless the board adopts higher stocking standards for each district. The board shall adopt standards for each district, after a public hearing, which are equal to or stricter than the standards of this chapter and shall report such standards to the Legislature. It is not the intent of the Legislature in designating minimum standards that such standards shall be deemed to be preferred as the standards to be adopted by the board. The board may, by a majority vote as provided in Section 736, adopt higher minimum standards of stocking if, in the opinion of the board, growing conditions, tree species, site quality, or other factors justify such stricter standards and if such action is consistent with the purposes of this article. (Amended by Stats. 1976, Ch. 1300.)
  197. 4561.2.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

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    The board may adopt alternative stocking standards if they meet Section 4561’s purposes and reasonably address forest characteristics, resource conservation, and forest health and ecological 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 4561.2. Notwithstanding Section 4561.1 or the resource conservation standards relating to stocking pursuant to Section 4561, the board may adopt alternative stocking standards that meet the purposes of Section 4561 if those alternative standards reasonably address the variables in forest characteristics, achieve suitable resource conservation, and contribute to specific forest health and ecological goals as defined by the board. (Amended by Stats. 2015, Ch. 182, Sec. 1. (AB 417) Effective January 1, 2016.)
  198. 4561.5.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

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    The board may, after a public hearing, amend permanent stocking standards for commercial timberland in certain cases.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 4561.5. The board may from time to time, after a public hearing, amend permanent stocking standards applicable to commercial timberland where the growing timber does not meet the acceptable stocking standards as enumerated in Section 4561. (Amended by Stats. 2005, Ch. 383, Sec. 17. Effective January 1, 2006.)
  199. 4561.7.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

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    A site designated for testing under subdivision (b) is exempt from stocking requirements.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 4561.7. (a) The site designated for testing purposes by subdivision (b) is exempt from any stocking requirements. (b) Testing may be permitted only on a 35-acre area located in the Pudding Creek drainage of Mendocino County in Sections 19 and 30, T19N, R16W, M.D.B. & M. (Added by Stats. 1985, Ch. 1270 [Sec. 2]. Effective September 30, 1985.)
  200. 4562.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. )

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    The board must adopt fire-prevention rules for timberlands to govern disposal of solid nonforest wastes and slash created by timber operations in the fire protection zone.

    ## 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 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 1973 [4511 - 4630.2] ( Chapter 8 repealed and added by Stats. 1973, Ch. 880. ) ## ARTICLE 5. Resource Conservation Standards [4561 - 4562.9] ( Article 5 added by Stats. 1973, Ch. 880. ) ## 4562. In order to reduce the incidence and spread of fire on timberlands, the board shall adopt rules in the fire protection zone as such zone is defined by the board, including, but not limited to, land along either side of the rights-of-way along public roads in widths to be determined by rule by the board in various areas, and in such other areas as the board deems necessary, to govern the disposal of solid nonforest wastes and slash created by timber operations. (Repealed and added by Stats. 1973, Ch. 880.)

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