§ 44100. — 44100. (Amended by Stats. 2008, Ch. 500, Sec. 15.)

California § 44100.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 4.: PART 4. SOLID WASTE FACILITIES
• Ch. 3.: CHAPTER 3. Permit and Inspection Program
• Art. 2.: ARTICLE 2. Facility Inspections

Text

(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.

Legislative History

Amended by Stats. 2008, Ch. 500, Sec. 15. Effective January 1, 2009.