WHEREAS:

1. The Solid Waste Disposal Regulatory Reform Act [Chapter 656, Statutes of 1993, AB 1220] directs the State Water Resources Control Board (SWRCB) and the California Integrated Waste Management Board (CIWMB) to consolidate their respective regulations for solid waste disposal facilities and to adopt regulations for the implementation of the changes required by AB 1220. AB 1220 further directs that the SWRCB be the sole agency regulating the disposal and classification of solid waste for the purpose of protecting the waters of the state. Furthermore, AB 1220 directs that the promulgation of the combined regulations not result in a decrease in environmental protection nor jeopardize federal approval for the state program to implement federal municipal solid waste landfill criteria; and

2. The SWRCB has promulgated regulations governing discharges of waste, including municipal solid waste, to land, codified as Chapter 15, commencing with Section 2510, of Division 3 of Title 23 of the California Code of Regulations, as one component of the state's program for the regulation of solid waste; and

3. The SWRCB and CIWMB prepared proposed regulations amending and consolidating their respective components of the state's regulations for solid waste pursuant to AB1220; and

4. The SWRCB and CIWMB published separate Notices of Proposed Rulemaking in the California Administrative Notice Register on July 26, 1996; and

5. The SWRCB and CIWMB held a joint public hearing on September 11, 1996 to receive testimony about the proposed regulations; and

6. In addition to the initial 45-day period for public review and comment on the proposed regulations, the SWRCB and CIWMB have provided two additional 15-day opportunities for interested persons to review and comment on modifications to the proposed regulations that have been proposed to address comments submitted in the prior comment period(s); and

7. The SWRCB has considered all comments addressing its respective component of this joint rulemaking proceeding and has made appropriate modifications to the proposed regulations (as reflected in the updated informative digest) or incorporated written responses to the comments into the final statement of reasons for the rulemaking; and

9. The proposed regulations, as modified, do not mandate a new program or an increased level of governmental service that would be reimbursable under Section 6 of Article XIIIB of the Constitution of the State of California because Section 17516 of the Government Code (which was enacted to implement the constitutional provisions regarding reimbursement for state mandates) specifically excludes regulations implementing Division 7 of the Water Code (commencing with Section 13000) from the definition of "executive order", the category of state action that might otherwise entail reimbursement as a result of rules adopted by an administrative agency; and

10. The proposed regulations are less burdensome to dischargers than are current regulations because they have been consolidated with the CIWMB's landfill regulations by subject for ease of use, and because they provide for more coordinated development of waste discharge requirements and solid waste facilities permits; no alternative considered by the SWRCB would be more effective in carrying out this purpose or would be as effective and less burdensome to regulated dischargers; and

11. The proposed regulations, as modified, require regulated dischargers, including small businesses (as defined in subdivision (e) of Section 11342 of the Government Code), to submit various technical and monitoring reports to California Regional Water Quality Control Boards (RWQCBs); most of these reporting and monitoring requirements were contained in existing Chapter 15 regulations, or were required by existing regulations promulgated by the CIWMB and the net effect of the proposed regulations is to reduce duplication in the submital of technical reports; and

12. Application of these regulations to small businesses is necessary to protect the health, safety, and welfare of the people of the state because discharges to land by small businesses present the same threat to water quality as discharges of similar wastes by major industries or municipalities; and

13. The SWRCB has fulfilled all of the rulemaking requirements of the Administrative Procedure Act and the regulations promulgated by the Office of Administrative Law (Government Code Sections 11430, et seq., and Title 1 of the California Code of Regulations, Sections 1, et seq.); and

14. The SWRCB has maintained a rulemaking file which shall be deemed to be the record for the rulemaking proceedings pursuant to the Government Code Section 11347.3; and

15. The proposed regulations will not create costs to the SWRCB and there is no cost or saving to federal funding to the state; and

16. The proposed regulations will have no significant adverse impacts on housing costs; and

17. The the adoption of the proposed regulations will not have an adverse economic impact upon California businesses\' ability to compete with out-of-state business; and

18. No alternative considered would be more effective in carrying out the purpose for which this action is proposed or would be as effective and less burdensome to affected private persons than the proposed action; and

19. Amendment and consolidation of the Chapter 15 regulations governing solid waste, as described in the Notice of Proposed Rulemaking published by the SWRCB on July 26, 1996, constitutes an action by a regulatory agency for the protection of the environment and is therefore exempt from the provisions of the California Environmental Quality Act (P.R.C. 21000, et seq.).

THEREFORE BE IT RESOLVED:

That the regulations governing discharges of waste to land, codified in Chapter 15, commencing with Section 2510, of Division 3 of Title 23 of the California Code of Regulations are amended to read as shown in Attachment I to this Resolution, deleting provisions governing discharges of solid waste and retaining those governing discharges of hazardous waste, or those cited in Resolution No. 92-49; and

That the proposed new regulations containing the substantive provisions of the existing SWRCB regulations governing discharges of solid waste to land, as amended for consolidation with the regulations of the CIWMB in Division 2, Solid Waste, commencing with Section 20005, of Title 27 of the California Code of Regulations, are adopted to read as shown in Attachment II to this Resolution.

That the Executive Director transmit the proposed amendments together with revised final statement of reasons and the rulemaking file of this proceeding to the Office of Administrative Law.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 23, 1997.

/s/ Maureen Marché
Administrative Assistant to the Board