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Solid waste handling law applies in the city. Noncompliance is a violation of this chapter. The city may, but is not obligated to, take enforcement actions or seek remedies for violation of that law as it would enforce actions or seek remedies for violation of this chapter.

"Solid waste handling law" means any or all of the following that are enacted, adopted, promulgated, issued, ruled, ordered, determined or otherwise made by any regulatory authority with respect to solid waste handling:

•    Laws, statutes;

•    Rules, regulations;

•    Guidelines;

•    Permits;

•    Actions, determinations, judgments, orders; and

•    Other legal requirements.

"Regulatory authority" means any federal, state or local governmental unit (whether a separate entity or a department or division of the federal, state or any local government) that does any or all of the following:

•    Promulgates law with respect to solid waste handling;

•    Regulates solid waste handling; or

•    Enforces law applicable to solid waste handling.

Examples of Solid Waste Handling Law
 

Environmental Protection

(1) Comprehensive Environmental Response, Compensation and Liability Act of 1982 (42 U.S.C. Section 9601 et seq.)("CERCLA");

(2) Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) ("RCRA");

(3) Clean Air Act (42 U.S.C. Section 1351 et seq., 42 U.S.C. Sections 7401 through 7642); and California Clean Air Act (Health and Safety Code Section 1251 et seq. and Health and Safety Code Section 39000 et seq.);

(4) California Hazardous Waste Control Act (California Health and Safety Code Section 25100 et seq.);

(5) California Hazardous Materials Release Response Plan and Inventory Act (California Health and Safety Code Division 20, Chapter 6.95, Section 25500 et seq.);

(6) Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section 25300 et seq.);

(7) Emergency Planning and Community Right to Know Act (42 U.S.C. Section 11001 et seq.);

(8) Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.)

Vehicles

(1) California Health and Safety Code Section 43000 et seq. with respect to air emissions (smog checks);

(2) California Vehicle Code Section 27456b with respect to tires;

(3) California Vehicle Code Section 34500 et seq. with respect to documentation through its maintenance log or otherwise of a safety compliance report issued under Division 14.8 of the California Vehicle Code as applicable to each vehicle, including biannual "BIT" inspections conducted by the California Highway Patrol;

(4) Rules and regulations promulgated under the California Vehicle Code with respect to vehicle highway lighting, flashing and warning lights, clearance lights, and warning flags;

(5) Rules and regulations of the California Department of Motor Vehicles with respect to vehicle registration;

(6) Vehicle weight limits;

(7) The appropriate class of drivers’ licenses issued by the California Department of Motor Vehicles;

(8) Control Measure for Diesel Particulate Matter from On-Road Heavy-Duty Residential and Commercial Solid Waste Collection Vehicles, 13 CCR 2020 et seq.;

(9) 14 CCR 17341, 17342, 17343 and 17344, with respect to equipment construction, safety, and parking and identification of operating equipment

Containers

(1) 14 CCR 17314 with respect to maintenance and placement of containers;

(2) 14 CCR 17317 with respect to placing identifying name and telephone number on container

Labor

(1) Occupational Safety and Health Act (29 U.S.C. Section 651 et seq.), including the Solid Waste Disposal Facility Criteria promulgated by the U.S. EPA on October 9, 1991 (40 C.F.R., Parts 257 and 258); and the California Occupational Safety and Health Act (California Labor Code Division 5, Parts 1 through 10, Section 6300 et seq.) and rules and regulations of California Division of Occupational Safety and Health;

(2) Immigration Reform and Control Act of 1986 (PL.99-603)

Miscellaneous

(1) Civil Rights Act of 1964 (Subchapter VI or Chapter 21 of Title 42)

(Ord. 633 (Att. A), 2013).