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CA AB2257

Bill

Status

Introduced

2/24/2012

Primary Sponsor

K H Achadjian

Click for details

Origin

State Assembly

2011-2012 Session

AI Summary

  • Adds Section 3482.7 to the Civil Code to provide that waste management activities operating for more than 3 years in an established zone where permitted and conducted consistent with accepted standards shall not become a nuisance due to changed local conditions if they were not a nuisance when begun.

  • Establishes that proof of 3 years of continuous operation constitutes a rebuttable presumption that waste management activities do not constitute a nuisance in abatement actions or proceedings.

  • Exempts the nuisance protection if the waste management activity obstructs free passage of navigable waterways or public spaces, or if it violates specific provisions of the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Water Code Division 7.

  • Defines "waste management activity, operation, or facility" to include recycling, composting, diversion, energy conversion, and land disposal of waste, but excludes surface impoundments, waste piles, land treatment units, and injection wells.

  • Provides that the section prevails over contrary local ordinances, though local jurisdictions may still notify prospective homeowners that properties are in close proximity to waste management facilities consistent with Section 1102.6a.

Legislative Description

Nuisance: landfill activities.

Last Action

In committee: Set, second hearing. Hearing canceled at the request of author.

5/8/2012

Committee Referrals

Local Government3/12/2012

Full Bill Text

No bill text available