BILL NUMBER: AB 1647	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 13, 2012

   An act to amend Section 42845 of the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1647, as introduced, Gordon. Solid waste: waste tires:
injunction.
   Existing law requires, upon the order of the Department of
Resources Recycling and Recovery, a person who stores, stockpiles, or
accumulates waste tires in violation of the provisions regulating
the storage, stockpiling, or accumulation of waste tires to clean up
those waste tires and abate the effects of the waste tires or take
other necessary remedial actions in the case of threatened pollution
or nuisance. Existing law requires the Attorney General, at the
request of the department, to petition the appropriate superior court
for the issuance of an injunction if the person fails to comply with
the cleanup or abatement order. Existing law authorizes, at the
request of the department, the district attorney or county counsel of
the county in which the violation occurred to petition the court for
the issuance of an injunction if the Attorney General fails to
petition the court within 45 days of the department's request to the
Attorney General.
   This bill would shorten that time period to 30 days.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42845 of the Public Resources Code is amended
to read:
   42845.  (a)  Any   A  person who stores,
stockpiles, or accumulates waste tires at a location for which a
waste tire facility permit is required pursuant to this chapter, or
in violation of the terms and conditions of the permit, the
provisions of this chapter, or the regulations adopted under this
chapter, shall, upon order of the  board  
department  , clean up those waste tires or abate the effects
 thereof   of the waste tires  , or, in the
case of threatened pollution or nuisance, take other necessary
remedial action.
   (b) (1) Upon failure of  any   a  person
to comply with the cleanup or abatement order, the Attorney General,
at the request of the  board   department 
, shall petition the superior court for that county for the issuance
of an injunction requiring the person to comply with that order. In
 any   a  suit, the court shall have
jurisdiction to grant a prohibitory or mandatory injunction, either
preliminary or permanent, as the facts may warrant.
   (2) If the Attorney General declines, or is unable, to petition
the appropriate superior court for issuance of an injunction within
 45   30  days from the  board's
  department's  request, pursuant to paragraph (1),
the district attorney or county counsel of that county may, at the
 board's   department's  request, petition
the superior court for issuance of the injunction specified in
paragraph (1).