California Department of Resources Recycling and Recovery (CalRecycle)

History of California Solid Waste Law, 1970-1974

Statutes of 1974

SB 1594 (Nejedly)--Cleanup Provisions to the Act--Authorized the Board to contract as necessary. Extended the time for filing a financial assistance report to the Board from 7/1/74 to 1/15/75. Urgency Measure. (Chapter 320)

SB 1797 (Nejedly)--Transformation Stations and Disposal Site Enforcement--Prohibited commencement of operation for new solid waste transfer stations and disposal sites unless the Board makes a finding that protection of public health and public need and necessity requires immediate implementation, except if an EIR has been completed or a use permit has been approved by the county. Required such sites to be in conformance with a CoSWMP as approved by the Board, but exempted nonprofit resource recovery or recycling sites for neighborhood or community type activities approved by the local governmental entity. Prohibited operation of any such facility not in conformance with a CoSWMP, and authorized the Board to require conformance. Also authorized the Attorney General to enforce the requirement upon the request of the local governmental entity. (Chapter 541)

Statutes of 1973

SB 529 (Nejedly)--Cleanup Provisions to the Act--Amended the definition of "solid waste" by adding "liquid wastes." Amended the provisions regarding submittal of the annual report to the Legislature. Also provided, in an uncodified section, that no appropriation was made by the Act and no obligation was incurred for reimbursement of any local agency costs attributable to compliance with the Act. Provided for the Chairman of the Board and the Resource Recovery Advisory Committee to receive $100 per day for attending meetings of the board or the committee. (Chapter 1156)

SB 1411 (Nejedly)--Board Membership--Revised provisions of the Act related to Senate confirmation of Governor's appointments, to reflect the change to a two year legislative session, by making the expiration period of interim appointments December 31 of the first year of the session and November 30 of the second year of the session if a vacancy occurs during that year. Also clarified the distinction between refusal and failure of the Senate to confirm a Governor's appointment. Urgency measure. (Chapter 603)

Statutes of 1972

SB 5 (Nejedly-Z'berg-Dills)--Solid Waste Management and Resource Recovery Act of 1972--Made legislative declarations and findings that, due to the increasing volume and variety of solid wastes being generated throughout the state, and the often inadequate management which may not meet future requirements for eliminating environmental pollution and conserving natural resources, it is in the public interest to establish a comprehensive state solid waste management and resource recovery policy to protect the public health, safety, and well-being, to preserve the environment, and to provide for the maximum reutilization and conversion to other uses of the resources contained therein. Also stated legislative intent that the primary responsibility for adequate solid waste management and planning shall rest with local government, with the state bearing primary responsibility for the development and maintenance of the state policy for solid waste management and the State Solid Waste Resource Recovery Program. Included the following major provisions:

  • The Solid Waste Management Board--Established the ten-member State Solid Waste Management Board, consisting of: one member appointed by the Governor who is a city councilman from a city of more than 250,000 people; one member appointed by the Governor who is a county supervisor from a county of more than 500,000 people; one representative of the public appointed by the Governor with specialized education and experience in environmental quality and pollution control; one representative of the public appointed by the Speaker of the Assembly with specialized education and experience in natural resources conservation and resources recovery; one representative of the public appointed by the Senate Rules Committee who is a registered civil engineer; one member appointed by the Governor from the private sector of the solid waste management industry from Southern California; one member appointed by the Governor from the private sector of the solid waste management industry from Northern California; the State Director of Public Health or his deputy, as a nonvoting ex officio member; the State Director of Agriculture or his deputy, as a nonvoting ex officio member; the Chief of the Division of Mines and Geology of the Department of Conservation or his deputy, as a nonvoting ex officio member. (This provision was to remain in effect only until the Governor's Reorganization Plan No. 1 of 1970 became operative.) Provided that the terms of the voting members shall be four years, commencing on 5/1/73, except that the members first appointed were required to classify themselves by lot such that the term of two members expired 5/1/75 and the term of two members expired 5/1/76, and the term of three members expired 5/1/77. Required the appointments to the Board made by the Governor to be confirmed by the Senate, and provided that the refusal or failure of the Senate to confirm an appointment created a vacancy in the office to which the appointment was made. Also authorized the Board to appoint a chief executive officer to administer the functions of the Board, and other staff. Designated the Board as the state solid waste management agency for all purposes stated in the Federal Resource Recovery Act of 1970. Appropriated $228,000 from the General Fund to the State Solid Waste Management Board for expenditure for the purposes of the Act.

    Required the Board to: conduct studies and investigations regarding new or improved methods of solid waste handling, disposal or reclamation, and review solid waste management plans by other state agencies; prepare and implement a statewide solid waste management information storage and retrieval system coordinated with other state information systems; implement a public information program for local government, private industry, and general maximum environmental protection, and effective reuse of waste products; render technical assistance to state and local agencies, local health officers, and others in the planning and operation of solid waste programs; study the methods of reducing and controlling the litter problem statewide, and report conclusions and recommendations, including public education and incentives not to litter, necessary legislation, and improved methods of implementing existing laws, to the Governor and Legislature by 1/1/75. Also required the Board to study alternative methods of providing financial assistance to local agencies for the planning and purchase of solid waste disposal facilities on a long-range basis, and report its findings to the Legislature by 7/1/74. Required the Board to file an annual report with the Legislature stating the progress achieved under the programs established by the Act and containing recommended additional administrative and legislative actions necessary to implement the policies and programs established therein, and required the report submitted in 1974 to include information on the financial impact of the State Policy for Solid Waste Management, adopted pursuant to the Act.

  • State Solid Waste Management and Resource Recovery Advisory Council--Created the State Solid Waste Management and Resource Recovery Advisory Council with the Board, consisting of 25 members appointed by the Governor and confirmed by the Senate: two members of private solid waste handlers; two representatives of public solid waste handlers; two representatives of private solid waste disposal facility operators; two representatives of public solid waste disposal facility operators; six representatives of major private solid waste producing industries, including the glass, can, paper, and chemical industries; one local public health officer; three representatives of the agriculture and timber industries; two representatives of well-established citizen-action solid waste resource recovery programs; one county supervisor; one city councilman; three representatives of the public at large, each of who possesses special knowledge or experience in solid waste management and resource recovery, the conservation of natural resources, or environmental pollution. Also included on the Council the chief executive officer of the Board, the State Director of Public Health, the State Director of Agriculture, and the Chief of the Division of Mines and Geology of the Department of Conservation, as nonvoting ex officio members. (This provisions was to remain in effect only until the Governor's Reorganization Plan No. 1 of 1970 became operative.)

    Provided that the Council was responsible for all of the following: initial preparation and recommendation to the Board, by 7/1/74, of the State Solid Waste Resource Recovery Program; providing advice and assistance to the Board in the development of the State Policy of Solid Waste Management; reviewing and recommending to the Board revisions in the resource recovery program and in state policy; making recommendations to the Board concerning each local solid waste management plan submitted to the Board for approval; providing advice and assistance to citizen-action groups, solid waste producing industries, and public and private solid waste collection and disposal organizations on the development and implementation of solid waste recycling and resource recovery programs; providing advice and assistance to the Board in connection with the study by the Board of the nature, extent, and methods of reducing and controlling the litter problem statewide. Provided that the Council would be terminated on 7/1/76.

  • Solid Waste Management and Resource Recovery Policy--Required the Board, not later than 1/1/75, to formulate and adopt state policy for solid waste management, including minimum standards for solid waste handling and disposal for the protection of air, water, and land from pollution. Provided that standards could include the location, design, operation, maintenance, and ultimate reuse of solid waste processing or disposal facilities, but shall not include aspects of solid waste processing or disposal which are solely of local concern and not determined by the Board to be of statewide concern, including, but not limited to, frequency of collections, means of collection and transportation, level of service, charges and fees, designation of territory served through franchises, contracts or governmental employees, and purely aesthetic considerations.
  • Solid Waste Management Plans--Required each county to prepare a comprehensive, coordinated solid waste management plan for all waste disposal within the county and for all waste originating therein which is to be disposed of outside the county, and to submit it to the Board for approval by 1/1/76. Required the plan to be prepared in cooperation with affected local jurisdictions, to be subject to approval by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, and to be consistent with state policy and any appropriate regional or subregional solid waste management plans. Required each plan to be submitted for review and comments to the regional planning agency for the region recognized by the Council on Intergovernmental Relations prior to submission to the Board. Authorized any county, with the agreement of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, may transfer the responsibility for the preparation of the solid waste management plan to the regional planning agency. Required each plan to include an analysis of the economic feasibility of the plan. Authorized solid waste management plans to include elements, where appropriate, providing for subregional solid waste management covering more than one county or parts thereof, and provided that such plans shall not supersede plans of any local jurisdiction unless there is agreement by all parties concerned.

    Required state offices, departments and boards to comply with solid waste management plans approved by the state in carrying out activities involving solid waste disposal, unless otherwise directed or authorized by statute. Prohibited the Board from approving any request for state or federal financial assistance for any solid waste management project not in conformance with the plan approved by the Board. Also required the Board to prepare guidelines for solid waste management plans and to provide technical assistance in the preparation, revision, and implementation of solid waste management plans.

  • State Solid Waste Resource Recovery Program--Required the Council to submit to the Board by 7/1/74, and the Board to adopt, by 1/1/75, after review, notice, public hearings, and modification, the State Solid Waste Resource Recovery Program. Required the Program to include, but not be limited to, the following elements: (1) guidelines for a major state-directed research and development program to develop technologically and economically feasible methods for the collection, reduction, separation, recovery, conversion, and recycling of all solid wastes, and the environmentally safe disposal of nonissuable residues; (2) special studies and demonstration projects on the recovery of useful energy and resources from solid wastes, including, but not limited to, methods of recovering resources and energy from solid wastes, recommended uses including identification of potential markets for recovered resources, and the impact of the distribution of such resources on existing markets; changes in current product characteristics, production and packaging characteristics which would reduce the amount of solid waste generated at its source; methods of collection, reduction, separation, and containerization which will encourage more efficient utilization of facilities, and contribute to more effective reuse programs; the use of state procurement to develop market demand for recovered resources, with special emphasis on maximum possible state use of recycled paper; recommended incentives (grants, loans, etc.) and disincentives to public agencies and private organizations and individuals, necessary to accelerate the reclamation and recycling of resources from solid wastes; the effects of existing public policies, including subsidies and economic incentives and disincentives, tax incentives and disincentives, upon the recycling and reuse of solid wastes, and the likely effects of the modification or elimination of such incentives and disincentives upon the reuse, recycling, and conservation of such resources; the advantages and disadvantages, and methods of imposing disposal taxes on packaging, containers, vehicles, and other manufactured goods, which would reflect the cost of final disposal, the value of recoverable components of the item, and any social costs associated with the nonrecycling or uncontrolled disposal of such items; and (3) state pilot resources recovery projects, at the state institutions where such projects are deemed most feasible, to provide for the maximum possible reuse and recycling of the solid wastes generated by the institution.
  • State Department of Public Health--Required the Department to continue to be responsible for all aspects of solid waste management and resource recovery as they directly affect human health, including, but not limited to, the contamination of air, water, and land, propagation of vertebrates and invertebrates which may transmit disease to man, handling and disposal of hazardous wastes, and management practices which threaten the health of solid waste employees or the general public. Also required the Department to: evaluate the characteristics of solid wastes and methods for their handling and disposal for health protection; render technical assistance to the Board, local agencies, and others in the planning and operation of solid waste management programs and resource recovery programs; formulate technical criteria and suggested guidelines for use by state and local agencies in developing programs for the local handling of solid waste; and stimulate and participate in research and development projects conducted by other public or private agencies, especially those intended to reduce, effectively reuse, or decontaminate waste products.

    Required the Department, not later than 1/1/75, to prepare and submit minimum standards for solid waste handling and disposal for the protection of the public health to the Board for inclusion in the State Policy for Solid Waste Management, required by the Act, and authorized the Department to adopt varying standards depending on population density, climate, geology, and other factors relevant to solid waste handling and disposal. (Chapter 342)

Statutes of 1971

SB 236 (Grunsky)--Compensation for Board of Directors of Garbage and Refuse Disposal Districts--Authorized a district chairman and secretary to be compensated monthly, as determined by the Board, rather than at a rate of $50 per month. Authorized a board to designate a depository for the custody of monies collected.

Statutes of 1970

SB 752 (Ketchum)--Maintenance of the Codes--Technical amendments regarding formation of garbage and refuse disposal districts. (Chapter 736)

Last updated: January 1, 1997
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