California Assembly Bill AB1647 Introduced / Bill

 BILL NUMBER: AB 1647INTRODUCED 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).