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California Law (Last Updated: March 4, 2014) |
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Public Resources Code - PRC |
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Division 30. WASTE MANAGEMENT |
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Part 1. INTEGRATED WASTE MANAGEMENT |
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Chapter 3. Department of Resources Recycling and Recovery |
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ARTICLE 3. Powers and Duties |
Section 40502.
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(a) The board shall adopt rules and regulations, as necessary, to carry out this division in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The board shall make available to any person, upon request, copies of proposed regulations.
(b) (1) The board shall adopt regulations regarding city, county, and regional agency source reduction and recycling elements and nondisposal facility elements, required to be submitted to the board pursuant to Section 41791.5, which shall be deemed to be emergency regulations and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of public peace, health and safety, or general welfare. These emergency regulations shall not alter the deadlines for the submission of countywide and regional agency integrated waste management plans specified in Section 41791.
(2) Prior to adopting the emergency regulations required pursuant to paragraph (1), the board shall do all of the following:
(A) Make available to any person, upon request, a copy of the proposed regulations at least 30 days prior to adoption.
(B) Hold at least two public hearings in different parts of the state in order to receive public comment on the regulations.
(C) Publish notice in the California Regulatory Notice Register of the proposed adoption of the emergency regulations, the identity of a contact person at the board from whom copies of the proposed regulations may be obtained, and the dates, times, and locations of the public hearings that are required pursuant to subparagraph (B).
(c) Any emergency regulations adopted by the board pursuant to paragraph (1) of subdivision (b) shall be filed with the Office of Administrative Law at the earliest feasible date, but not later than December 31, 1993. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any emergency regulations adopted pursuant to paragraph (1) of subdivision (b) shall remain in effect for not more than three years from the date of adoption.