Chapter 5 - Rubbish Dumps

California Public Resources Code — §§ 4371-4376

Sections (5)

Amended by Stats. 1992, Ch. 427, Sec. 137. Effective January 1, 1993.

The definitions in this section govern the construction of this chapter.

(a)“Fire protection agency” means the Department of Forestry and Fire Protection on all lands designated as state responsibility areas pursuant to Section 4125, and it means the applicable fire protection district, service district, county fire department, or federal agency on all other lands.

(b)“Solid waste” means solid waste as defined in Section 40191.

(c)“Solid waste facility” means a solid waste facility as defined in Section 40194.

(d)“Flammable material” does not include any structure or building maintained as an integral part of any solid waste facility.

§ 4372

Amended by Stats. 1982, Ch. 1333, Sec. 5.

A person shall maintain any solid waste facility outside of the exterior boundaries of any city in strict accordance with the terms and conditions prescribed by Sections 4373 and 4374.

§ 4373

Repealed and added by Stats. 1982, Ch. 1333, Sec. 7.

Any solid waste facility, for which a permit is required pursuant to Section 66796.30 of the Government Code, shall be maintained with a clearance of flammable material for a minimum distance of 45.7 meters (150 feet) from the periphery of any exposed flammable solid waste.

(a)Any structure, building, or part of any structure or building located within 45.7 meters (150 feet) of the periphery of any exposed flammable solid waste shall also be maintained with a clearance of flammable material for a minimum of 45.7 meters (150 feet) from the periphery of the structure or building.

(b)Sound and living trees may be left standing within the areas required to be cleared of flammable material, provided the following requirements are met:

(1)Wildfire cannot travel into the canopy of any tree left standing.

(2)Any tree left standing does not pose a fire safety threat or prevent fire equipment access to and near the exposed flammable solid waste.

(3)All dead limbs, and all limbs within 3 meters (10 feet) of the ground are removed from any tree left standing.

(c)Selected and isolated shrubs may remain within the areas required to be cleared of flammable material if all dead material is removed and each shrub is trimmed up so that fire cannot travel through the shrub canopy or pose a fire safety threat.

§ 4374

Repealed and added by Stats. 1982, Ch. 1333, Sec. 9.

Any solid waste facility, for which a permit is not required pursuant to Section 66796.31 of the Government Code, shall be maintained with a clearance of flammable material for a minimum distance of 9.45 meters (30 feet) from the periphery of any exposed flammable solid waste.

(a)Any structure, building, or part of a structure or building which is located within 9.45 meters (30 feet) of the periphery of any exposed flammable solid waste shall also be maintained with a clearance of flammable material for a minimum distance of 9.45 meters (30 feet) from the periphery of the structure or building.

(b)The fire protection agency may, in writing, require additional minimum flammable clearance provisions not to exceed any of the minimum clearance provisions of Section 4373. A reasonable time for compliance with the additional clearance provisions shall be specified in the written notice.

§ 4376

Amended by Stats. 2004, Ch. 90, Sec. 2. Effective January 1, 2005.

A person who maintains a solid waste facility in violation of this chapter is guilty of a misdemeanor, and shall be punished for a first conviction by a fine not to exceed five hundred dollars ($500), and, for a second or subsequent conviction within five years of a prior conviction of a violation of this chapter, by a fine not less than five hundred dollars ($500) or more than two thousand dollars ($2,000) or imprisonment in the county jail for a period not to exceed 30 days, or both that fine and imprisonment. Each and every day of violation is a separate and distinct offense.