Section 25149.1 Of Article 4.5. State Regulation Of Existing Hazardous Waste Facilities From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 4.5.
25149.1
. (a) No city, county, or city and county, whether general
law or chartered, which has issued a conditional use permit for a
hazardous waste facility shall thereafter adopt an ordinance, rule,
or regulation, or issue or amend any permit, which adoption,
issuance, or amendment imposes additional restrictions on the types
of hazardous waste which previously have been authorized to be
accepted for disposal, treatment, or storage under the terms and
conditions of any previously issued conditional use permit for that
facility.
(b) This section does not apply to a modification or revocation of
a use permit which is necessary to enforce the terms and conditions
of the use permit, or to abate a nuisance, or to prevent an immediate
threat to the public health or safety. Modification or revocation of
an existing use permit may only occur after the city, county, or
city and county orders the facility operator to abate the nuisance or
correct the threat to the public health or safety, the facility
operator has been afforded adequate opportunity to abate the nuisance
or correct the threat to the public health or safety, and the
facility operator has failed to comply with the enforcement or
abatement order.
(c) This section does not apply to an existing hazardous waste
facility, as defined in Section 25148.