California Law (Last Updated: March 4, 2014) |
Public Resources Code - PRC |
Division 30. WASTE MANAGEMENT |
Part 1. INTEGRATED WASTE MANAGEMENT |
Chapter 1. General Provisions |
ARTICLE 2. General Provisions |
Section 40059.3.
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(a) An ordinance adopted by a city or county or an ordinance enacted by initiative by the voters of a city or county shall not restrict or limit the importation of solid waste into a privately owned facility in that city or county based on the place of origin.
(b) This section does not do any of the following:
(1) Require a privately owned solid waste facility or privately operated solid waste facility to accept solid waste from outside the city or county where the facility is located.
(2) Allow a privately owned solid waste facility to abrogate a written agreement guaranteeing permitted capacity to a host jurisdiction, including a regional agency.
(3) Prohibit a city, county, or regional agency from requiring a privately owned solid waste facility to guarantee permitted capacity to a host jurisdiction, including a regional agency.
(4) Supersede or otherwise affect the land use authority of a city or county, including, but not limited to, planning, zoning, and permitting, or an ordinance lawfully adopted pursuant to that land use authority.