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HomeMy WebLinkAbout1990-07-11 - AGENDA REPORTS - ELSMERE CYN LANDFILL (2)CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and Members of the Council DATE: July 11, 1990 SUBJECT: PROPOSED ELSMERE CANYON LANDFILL DEPARTMENT: Public Works Y/l�� BACKGROUND / On February 13, 1990, the City Council adopted a Minute Resolution declaring their unconditional opposition to the establishment of a Solid Waste Landfill in Elsmere Canyon. The City requested input and support from local interest groups and groups from the neighboring areas to oppose the proposed landfill as stated in the resolution. In support of the City's position, staff and City lobbyists have continuously worked with the State Legislature, and has developed legislation to protect the interests of the community. This measure will be amended as necessary depending on the outcome of related Bills i.e., AB 2296 (Cortese). Attached is a listing of other accomplishments to date and tasks scheduled for the remainder of this year. At this time, specific design and development plans for the proposed project have not been approved; however, the U.S. Forest Service and the County of Los Angeles have agreed to develop a joint .environmental document. The Forest Service will be responsible for administering the contract agreement and will select the consultant to prepare the environmental document. Funding for the preparation of the environmental document will be provided by the proponent of the project, the Elsmere Corporation. RECOMMENDATION Receive and file report. ATTACHMENTS List of accomplishments. JEM:hj:hds Agenda Item: PROPOSED ELSMERE CANYON LANDFILL I. ENVIRONMENTAL ASSESSMENT a) Conducted site Tour b) Completed hydrogeologic considerations on proposed site (Slade Report). c) Evaluated effectiveness of liners in landfills and mitigation measures (Willdan Report). d) Established contacts at the Regional Water Quality Board; who will keep us informed of latest rules. e) Established contacts with the South Coast Air Quality Management District who will inform us on latest rules and regulations incorporated in their plan as applies to the proposed Elsmere Canyon Landfill. f) The Slade Report was sent to Los Angeles County, Los Angeles City BKK and all other related agencies. g) Explored the possibility of preparing a reconnaissance EIR. h) Established contacts with the U.S. Forest Service. The City requested that the Forest Service reconsider its action with Los Angeles County and prepare an independent environmental study. i) Met with Forest Service regarding EIS consultant. J) Proposals for reconnaissance EIR requested. II. LEGISLATIVE a) Berman Bill HR 998 — Council requested to provide testimony at storming" session the Hearing in Washington. Councilman Boyer made a trip to Sent a delegation Washington to express our concerns about the landswap to the Davis Bill. Congressman Berman. c) b) Davis Bill 2139 — Requested support from the Communitythrough groups requesting mailers and newspaper advertisements. Talked with members of the Assembly Natural Resources Committee about the Bill and asked for their support. c) Lobbying efforts successful in passage through committee of AB2266 (Cortese). III. PUBLIC PARTICIPATION a) Invited local interest groups to participate in a "brain storming" session to develop a strategy against the landfill. b) Sent a delegation of ten to Sacramento to lobby in support of the Davis Bill. c) Sent fact sheets on Davis Bill to 500 businesses and interest groups requesting their support. PROPOSED ELSMERE CANYON LANDFILL Page 2 PROPOSED ACTIVITIES 1) Continue to lobby in support of Davis Bill 2) Monitor and get involved in the EIR/EIS scoping, CEQA and NEPA process. 3) Continue meetings with Forest Service relative to EIR/Eis consultant selection, document preparation and review. 4) Monitor BKK permit process; Water Quality and Air Quality Boards. 5) Monitor Caltrans involvement with BKK on the Highway 14 on/off ramp issue. 6) Establish/determine public information program. 7) Seek support from other cities. 8) Promote rail haul. 9) Promote recycling. 10) Monitor progress of the California Integrated Waste Management Board. 11) Continue relationship with Santa Monica Conservancy. 12) Analyze and discuss AB 2296 (Cortese) the "gap" Bill in detail. A copy of this measure and the Committee Analysis is attached. Attachments SENATE COMMITTEE ON AB 2296 GOVERNMENTAL ORGANIZATION HEARING DATE: June 26, 1990 STAFF ANALYSIS OF ASSEMBLY BILL NO. 22 6 (Cortese) As Amended June 201 1990 SUBJECT Integrated Waste DESCRIPTION 1. AB 2296 repeals an existing prohibition in law relative to the siting of new solid waste facilities and, instead, provides that until a countywide integrated waste management plan has been approved by the California Integrated Waste Management Board (CIWMB), no person shall establish a new solid waste facility or transformation facility (or:expand existing facilities) unless one of the -following occurs: a) The facility is identified in or found to conform with a county solid waste management plan (COSWMP) in compliance with laws and regulations existing on 12/31/89. b) The facility is identified and described in the most recent COSWMP which has been approved by the county and a majority of the cities within the county which contain a majority of the population of the unincorporated area of the county, except as specified. c) Pursuant to review and approval procedures for facilities, which have not been identified or described in a COSWMP, the facility has been approved by a majority-of.the cities within the county which contain a majority of the population of the county, except as specified. d) The facility is a material recovery facility (MRF) that will recover morethan15% recyclables and has been submitted to the local task force for review and comment. e) The facility is a transfer station that is designed and will be permitted to recover recyclables, serves only one local jurisdiction and has been submitted to the task force.for review and comment pursuant to specified procedures. 2. The measure provides for the review and approval of a solid waste facility or transformation facility which has not been identified or described in a COSWMP, as specified. 3. The bill prohibits a.city or county from disapproving a,. proposed site identification and description for a new solid —(continued) AB 2296 (Cortese) Page 2 waste facility or transformation facility (or expansion of existing facilities) unless a determination is made, based upon substantial evidence in the record, that there will be significant adverse impacts within the boundaries of the proposed project. 4. Requires each county, by 2/1/91, with the approval of the majority of the cities in the county containing a majority of the population of the county, except as specified, to adopt a resolution addressing solid waste transfer facilities which are designed to recover less than 15t recyclables. 5. Requires the resolution to specify whether the facilities shall be subject .to the review and approval process or the review and comment process. If the resolution is not adopted by 2/1/91, those facilities will be subject to the review and comment process described in this bill. 6. Provides that until a countywide integrated waste management plan has been approved by the CIWMB, no person shall establish or expand a solid waste facility or transformation facility unless the city or county in which the site is located makes a finding that the facility is consistent with the general plan. 7. The measure requires local agencies to continue source reduction and.recycling activities to implement a specified>. recycling plan which establishes a goal.of recycling 20% of the solid waste generated. Also,requires local agencies to use relevant information and studies developed through the former COSWMP process in preparing source reduction and recycling elements, countywide siting elements, and county integrated waste management plans. S. AB 2296 provides the CIWMB with the authority to deny a facility permit if the CIWMB finds that the facility would "prevent or substantially impair" achievement of the recycling goals -established by AB 939 of 1989. 9. The measure contains a cost -disclaimer provision. RELATED LEGISLATION BB 2221 Mich) 1990 session. Would require COSWMP's adopted under former law, as specified, to govern waste management of affected cities and counties until the countywide integrated r= waste management plans required .under .AB 939 of 1989 are adopted. (Pending in Assembly Policy Committee) ---{continued) AB 2296 (Cortese) Page 3 AB 939.(Sher) of 1989, the California Integrated Waste Management Act, recodified substantially all of%the statutes relating to solid waste into the Public Resources Code and prescribed a new full-time 6 -member California Integrated Waste Management Board (CIWMB) to administer the law. .In addition,,the . existing county solid waste management planning process (COSWMP) was eliminated in favor of an integrated waste management process which requires local governments to prepare, submit to the CIWMB and implement comprehensive programs to manage waste. This measure has been introduced to address the void which exists in solid waste planning requirements between 12/31/89 and the time local governments phase in their new countywide integrated waste management plans (between 1/1/92 and 1/1/94, depending on remaining landfill capacity). This void period which exists in planning and permitting requirements is referred to as the "COSWMP GAP PROBLEM". For the past six months, representatives from local government, industry and the environmental community have met in an effort to resolve this issue. According to the author, this measure represents the best possible compromise towards solving the GAP.problem. In its present form, the measure is supported by various industry groups and local government. Environmental groups, however, have expressed concern with several provisions of the bill and have submitted proposed changes to the author's office. Specifically, AB 2296 reinstates the previous COSWMP for the planning and permitting of solid waste facilities during the GAP. In addition, it allows facilities not in the COSWMP to be sited through the approval by the county and a majority of the cities in the unincorporated area of the county, similar to the previous COSWMP amendment process. In addition, the bill permits the exemption of material recovery facilities (MRF's) from the planning process, as specified, if the MRF will recover at least 15% recyclables, is designed and permitted to serve only one jurisdiction and has been submitted to the local task force for review and comment. By 2/1/91, cities and counties will decide whether or not to subject transfer facilities that recover or recycle less than 15% under the city/county approval process or treat them like facilities.that recover at•least,15% recyclables: Such facilities that serve only one jurisdiction would not be subject to the city/county approval process. Finally, the bill provides authority to the CIWMB to object 4. to provisions of solid waste facility permits if the CIWMB (continued) AB 2296 (Cortese) Page 4 determines, by substantial evidence in the record, that the permit would prevent or substantially impair achievement of the recycling goals established by AB 939... KNOWN POSITIONS• The following SUPPORT AB '2296: League of California Cities County Super,7isors Association of California NORCAL Solid Waste Systems,. Inc. BKK Corporation Waste Management, Inc. L.A. County Sanitation District There is NO KNOWN OPPOSITION. On file. FISCAL COMMITTEE: Senate Appropriations Committee AT �`r.a.ra`..... t* t t t t* ie fe AMENDED IN SENATE JUNE 20, 1990 011 AMENDED IN SENATE MAY 22, 1990 CALIFORNIA LEGISLATURE -1989-90 REGULAR SESSION ASSEMBLY BILL No. 2296 Introduced by Assembly Member Cortese March 10, 1989 An act to repeal Section 66784.4 of the Government Code, and to -amend Seetien Sections 44009 and 50002 of, to add Sections 41771; 50000:5; aftd 59999-'i and 50000.5 to, and to repeal and add Section 50000 of; the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 2296, as amended, Cortese. Solid waste. (1) Existing law requires each city and county to. prepare ®and submit to the California Integrated Waste. Management Board,.a countywide integrated management plan which. includes city and county source reduction and recycling elements and a countywide siting element. Existing.. law• requires a solid waste management plan to be revised to include a specified recycling plan. Existing law prohibits, until a countywide integrated waste management plan of a county has been.approved by the board, any transfer or processing station. or disposal sites approved by a city or county after a specified date from being established in a city or county without a specified finding by the board. This bill would repeal that prohibition and instead prohibit any person from establishing a new, or expanding a an existing, solid :waste facility or transformation facility, until a countywide integrated waste management plan has been approved by the board, without meeting specified requirements. The bill would provide for the review and 2 AB 2296 —2— approval of a solid waste facility or transformation facility approval , State -mandated local program: yes. which has not been identified or described in a countywide solid waste management plan. The bill would prohibit a The people of the State of California do enact as follows: county and city from disapproving a proposed site I identification and description for a new or expanding solid 1 SECTION 1. Section 66784.4 of the Government. waste facility or transformation facility without a specified 2 Code is repealed. determination. The bill would prohibit any person from I I ' ^ 3 SEC. Z Section 41771 is added to the Public Resource: establishing or making a significant change in the design or . !! 4 Code, to read: operation of a solid waste disposal or transfer facility until a 1 5 41771. (a) Local agencies . shall . continue source countywide integrated waste management plan has been 6 reduction and recycling activities to implement the plan approved by the board, unless specified conditions are met. 7 prepared • and adopted pursuant to subdivision (f) of The bill would require local. agencies to continue source 8 Section 66780.5 of the Government Code, as added by reduction and recycling activities to implement the specified 9 Section 3 of Chapter 754 of the Statutes of 1987. recycling plan. The bill would require local agencies to use 10 (b) ' Local agencies shall use, to the extent feasible, specified information and studies in preparing source i • 11 relevant information and studies developed through the reduction and recycling elements, county siting elements, 12 former county solid waste management planning process - and county integrated waste management plans, thereby 13 in preparing source reduction and recycling elements, imposing a state -mandated local program. i 14 countywide siting elements, and county integrated waste (2) Existing law requires the board to concur or object to f,. �- 15 management plans. specified permit actions within 60 days of receipt of a 4 16 SEC. 3. Section 44009 of the Public Resources Code proposed solid waste facilities permit, and requires the board 17 is amended to read: to submit its objections to the provisions of the permit to the 18 44009. The board shall, in writing, concur or object to enforcement Agency. 19 the issuance, modification, or revision of any solid waste This bill would add conditions under which the board may 20 facilities permit within 60 days of the board's receipt of object to a permit and require those objections to be ) i 21 any proposed solid waste facilities. permit submitted submitted to the enforcement agency, the applicant, and the " 22 under Section 44007. If the board determines that the applicable city or county. 23 permit is not consistent with state standards, it shall (3) Existing. law- authorizes the board- to specify 24 object to provisions of the permit, and shall submit such classifications of solid waste facilities that are exempt from 25: objections to the enforcement agency for its specified requirements. 26 . consideration. If the board determines, based 'on The bill would revise the list of requirements from which 27 substantial evidence in the record, that issuance of the solid waste facilities are exempt for purposes of that authority. 28 permit would specifically prevent or substantially impair P, "" ( ` 29 achievement of the requirements prescribed in Section (4 The California Constitution requires the state to 30 41780, the board shall object to the permit and shall reimburse local agencies and school districts for certain costs 31 submit its determination and specific objections to the mandated ..by the state. Statutory provisions establish _ 32 • enforcement agency, the applicant, and the city or procedures for making that reimbursement. 33 county within .which the facility is located for their This bill would provide that no reimbursement is required 34 consideration. If the board fails to.concur or object in by this act for a specified reason - . . . .. 35 writing within 60 days, it shall be deemed to 'have Vote: majority. Appropriations no. Fiscal committee yes. 36 . concurred in the issuance of the permit as submitted to 97 70 _ .. - ,. - 97 90 AB 2296 —4— a Sao 1 it. 1 in those counties which have only,two cities, in which 2 SEC. 3.5. Section 50000 of the Public Resources Code is 2 case, the plan has been approved by the county and by 3 repealed. 3 the city which contains a majority of the population of the 4 SEC. 4. Section 50000 is added to the Public Resources 4 incorporated area of the county.5 , (3) Pursuant to the procedures in subdivision (b) the 5 6 Code, to read: 50000. (a) a countywide integrated waste 6 , facility has been approved by the. county and by a 7 .Until management plan has been approved by the California 7 majority of the cities within the county,which contain a 8 Integrated Waste Management Board pursuant to 8 majority of the population of the incorporated area of the 9 Division 30 (commencing with Section 40000), no person 9 10 noun ty. except as those counties ween aper a only two cities, in which case, the facility has been approved by the 10 shall establish a new solid waste facility or transformation 11 county and the city which contains a majority of the Il facility or expand a an -existing solid waste facility or 12 f population of the incorporated area of the county.. 12 transformation facility which will result in a significant 13 (4) The facility is a material recovery facility and the 13 increase in the amount of,solid waste handled at the . 14 site identification and description of the facility has been 14 facility unless one of the following occurs: 15 submitted to the task force created pursuant to Section 15 16 ' +1+ The &eility is iced and deseribed i;i a eetifit seM waste fnmtagemem plat; dmt meets beth of the for review and comment, pursuant to the 17 €ellewin reqs 17 17 prroceote dures set forth in subdivision (c). For purposes of 18 • The ;;;eludes the prepare a � 18 19 this paragraph, a "material recovery facility" means -a solid waste facility which is designed and will be 19 20 67.80.and parstiattt to sabdi�isierr {i} of SeeEieti 667805 e€ the Gevermnen Gede; as added by Seetieri 3 of Ghapter 1 G7 20 permitted to separate for the purpose of reuse or �5 21 of the Statutes e€ 498' . .21 re recycling at leas percent of all the material received 22• {-B} The plan lies beet; appreved by. the beard, in 22 23 the facility. , (5) Thility- ityisatransferstationthatisdesignedand 23' 24 � ode Re of Tftle ee of the iiia Gede Re�atie #3 iii effeet e13 #lie 24 will be permitted to recover material for the purpose of 25 d ftte a b & hewere date � a � � �e � 25 reuse or recycling, the facility serves only one city, only 26 he facility or found (o The fawth � . 26 the unincorporated area of one county, or only one city 27 a c unty sod waste managbed ement to conform with a county solid waste management plan 27 and county; and the site identification and description of 28 which was in compliance with the law and regulations 28 the facility has been submitted to the task force created 29 adopted pursuant to - ng on December 31,er 29 pursuant to Section 40950 for review and comment. 30 form orm f Title 7.3 (commencingg with� Section 66700) of the - 30 pursuant to the procedures set forth in subdivision (c). 31 Government Code as it read before January 1, 1990. The 31 32 (b) (1) 1) The review and approval of a solid waste facility transformation facility which has not been 32 33 conformance fording with that. plan shall. be .m accordance with the procedure for finding of ,�+e, 33 .identified �.J or described -in - a county solid waste 34 conformance .which was set.forth for the plan before 34 management plan shall be initiated by submittal by the 35 January 1, 1990 ' 35 36 person or agency proposing the • facility of a site. identification and description to the county board of 36 . (2) , The facility is identified and described in ft the 37 supervisors. " 37. most recent county solid waste management plan which 38 _supe a The county shall submit the site identification and 38 has been approved by the county and by a majority of the 39 'description to each city within the county within 20 days 39 40 cities within the county which contain a majority of the of the incorporated area of the county, except ' ® ® 40 from the date that the site identification and description population .. - 97 140. 97- 170 A13 =6 1 is submitted to the county board of supervisors. The 1 force required P Phs (4)and (5) of subdivision Y d uireb paragraphs a 2 county and each city . shall approve or disapprove by 2 (a) and subdivision (d), the person or agency proposing 3 . resolution the. site identification and description within 3 the facility shall submit the site identification and 4 90 days after the site identification and description is 4 description of the facility to the task force. Within 90 day's 5 initially submitted to the county or city. Each city shall 5 after the site identification and description is submitted 6 notify the county board of supervisors of its decision 6 to the task force, the task force shall meet and comment 7 within that 90 -day period. If the county or a city fails to (?T) � 8 but a facilityis shall limitein rs 8 approve or disapprove the site identification and to, theosee� timme p between the, _ 9 description within 90 days, the city or county shall be 9 proposed new or expandedmaterial recovery facility and 10 deemed to have approved the site identification and 10 the requirements of Section 41780. The task force shall 11 description as submitted. 11 . transmit those comments to the applicant, to the county, 12 (3) If a city or county disapproves the . site 12 and to all of the cities in the county. 13 identification and description, the city or county shall 13 .(d) On or before February .1, 1991, each county, by 14 mail notice of its decision by first-class mail to the person. 14 . vote of the board of supervisors and with the approval of 15 , or agency requesting the approval within five days of the 15 the majority of the cities in the county containing a 16 disapproval by the city or county, stating its reasons for 16 majorityofthepopulation of the incorporated area of the 17. the disapproval. 17 county, except in those counties which have only two 18 JO 18 cities, in which case the vote is subject to approval of the 19 (4) No county orcity shall disapprove a proposed site 19 city which contains a majority of the population of the 20 identification and description for a new er solid waste } 20 incorporated area of the county, shall adopt a resolution, 21 facility or transformation facility or an expanded solid 21 addressing solid. waste transfer facilities which are 22 waste facility or transformation facility which will result 22 designed to recover for reuse or recycling less than 15 23 in a signLricant increase in the amount of solid waste 23 -percent of the total volume of material received by the 24 handled at the facility unless it determines, based upon 24 facility and which serve more than one jurisdiction. The 25 substantial evidence in the record, that there will be one ) 25 resolution shall specify . whether the facilities shall be 26 or more significant adverse impacts within its boundaries 26 subject to the review and approval process described in 27 from the proposed project.. 27 subdivision (b) or the review and comment process 28 (5) Within 45 days of a decision by a city or county to 28 described in subdivision (c). If the resolution required by 29 disapprove a site identification and description, . or a 29 this subdivision is not adopted on or before February 1, 30 decision by the board not to concur in' the issuance of a 30 1991, those facilities shall be subject to the review process 31 permit pursuant. to Section 44009, any person may file 31 described in subdivision (c). 32 with the superior court a .writ of mandate for review of 32 For purposes of this subdivision, a facility serves only 33 the decision. The evidence before the court shall consist } 33 one jurisdiction if it serves ,only .one city, only the - 34 of the record before the city or county which disapproved 34 unincorporated area of one county, or. only one city and 35 the site identification and description or the record 35 county. 36 before the board in its determination not to concur in 36 . SEC. 5. Section 50000.5 is added to the Public 37 issuance of the permit. Section 1094.5 of the Code of Civil 37 Resources Code, to read: ' 38 Procedure shall govern the proceedings conducted 38 50000.5. - (a) Until a countywide integrated waste 39 pursuant to this subdivision. 39 management plan has been approved by the California 40 (c) To initiate the review and comment by' the task oN 40 Integrated Waste Management Board . pursuant to '97 200 - - 97 230 Alf =90 - 6 V, 1 Division 30 (commencing with Section 40000) , no person 2 shall . establish or expanda solid waste facility or 3 transformation facility unless the city or county in which {$} The faeility's €nmsarg arreageareats -4 the site is located makes a finding that the establishment 3 5 or expansion of the facility is consistent with the 6 applicable general plan of the city or county. This finding 7, shall not be made unless the city or county has adopted The permit applieaat shell demenstrate to the beard 8 a general .plan which complies with the provisions of 6 9 Article 5 (commencing with Section 65300) of Chapter 3 10 of Division 1 of Title 7 of the Government Code. 11 (b) In addition to the requirements in subdivision (a), ebjeet to the issxanee of it perarit if the beard fids that 12 any new or expanded solid waste disposal facility or 9 10 13 .transformation facility shall be deemed to be consistent 14 with the general plan only if both of the following 15 requirements are met: SEG 7. 16 (1) The facility is located in a land use area designated 13 17 or authorized for solid waste facilities in the applicable 18 city or county general plan. 19 (2) The land uses which are authorized adjacent to, or 50002. (a) The California Integrated Waste 20 near, the facility are compatible with the establishment, 16 21 or expansion of, the solid waste disposal facility or 22 transformation facility. • 23 SES: 6: Seetien 50000.7. is added . to the Publie from the requirements of Sections 50000, 50000.5, 50900.7, 24 Reseurees Gede; to reale 19 25 90090.7. - {s} Uftffl • a eeunt�-ide integrated waste 26. manage ent plan bas been appreved by time 6slfieraia' 27 integrated Waste Management , Beard pers t to (1) The exemption is not contrary to the public 28 Dirisiea 39 {eem m eaeiag with Seetien 499993; tie perse�x 22 29 slmsll estsl�lisli er make a sigrafier ehange int the design 30 er aperatietz e€ a gelid waste dispesal er tram&r faeility 31 uttless. the beard eeaeers..ia the 'issaaaee of a faeility each site is insignificant. 32 perrrAt er appreval e€ a permit rereat aftermaking 25 33 a famdieg, based upesttbstatA4 evideHee ire the reeerd, 0 34 that the €aeility meets the state standards estabksked, 35 purstmaakto that &i ien... environment. 36 4b3 •Ia Middeg the finding is . subdivision {a}; the 28 37 beard' -s rer iery shall inelade, bunt net be liiaited te; ell e€ 38 the Mewing! 39' 0+. Gemideratmea e€ the eapaeityF of time faeility:. - fertilizer material, based on a finding by the board that 40 {2j'.Prepesed een aets and agreemem3ts fer disposal e€ 31 the nature of the solid waste poses no significant threat 9r M �� J [aY rrJV I materials at the €aeflity. 2 {$} The faeility's €nmsarg arreageareats 3 {-43 8tber iaforaattiea deterred apprepriate � #line 4 . beard. 5 The permit applieaat shell demenstrate to the beard 6 that the applieaat will be able to meet timerecItirefaeats 7 el Seetierz 41780 if the pert is appreved. The beard shall 8 ebjeet to the issxanee of it perarit if the beard fids that / 9 10 approval would preveaE or substa-ntieM5 impair; the ability of the eity er eexaty to eee3ply= with the 11- its e€ Seetieft 417.89. 12 . SEG 7. 13 SEC. 6. Section 50002 of the Public Resources Code is 14 amended to read: 15 50002. (a) The California Integrated Waste 16 Management Board may, by regulation, specify 17 classifications of solid waste facilities that are exempt 18 : from the requirements of Sections 50000, 50000.5, 50900.7, 19 and. 50001. The regulation may be adopted only if the 20 board makes all of the following findings: 21 (1) The exemption is not contrary to the public 22 interest. 23 (2) The quantity of solid wastes to be disposed of at 24 each site is insignificant. 25 (3) The nature of the solid wastes poses no significant 26 . threat to the public health, the public safety, or the 27 environment. 28 (b) . The application to land of agricultural products 29 derived from municipal sewage sludge for use as a 30 fertilizer material, based on a finding by the board that 31 the nature of the solid waste poses no significant threat 32 to the public health, the public safety, or the 33 environment, is exempt from- the requirements of 34 Sections 50000, 50000.5, 50009:7; and 50001.. 35 SEG. 8: 36. SEC. 7. No reimbursement is. required by this act 37' pursuant to Section 6 of Article XIII B of the California 38 Constitution because the local agency or school district 39 has the authority. to levy service charges, fees, or 40 assessments sufficient to pay for the -program or level of . • 97 270 I service mandated by.this act. Notwithstanding Section 2 17580 of the Gov&rrirrient Code, unless otherwise 3 specified in this act, the provisions of this act shall become 4 operative on the same date that the act takes effect 5 pursuant to the California Constitution. IN