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Each jurisdiction’s local enforcement agency (LEA) or enforcement agency (EA) routinely inspects active and
closed landfills, transfer stations, compost operations and
facilities, construction and demolition operations and facilities, and other operations and facilities.
The purpose of the inspections is to review and document
compliance issues with applicable state minimum standards and permit
conditions. Each LEA or EA may note a
violation if a facility is found to not meet the requirements of each the state
minimum standards or permit requirements. The LEA or EA also has the ability to write and enforce
Notice and Orders to require compliance with state minimum
standards and permitting requirements at solid waste operations and
facilities.
(EAs also have the same enforcement authority and
responsibility.)
Each LEA is responsible for inspecting all solid waste
facilities and operations and for taking enforcement action when appropriate on
sites violating state minimum standards within its jurisdiction, pursuant to
Division 30, Public Resources Code (PRC), Section 43209, and Title 14,
California Code of Regulations (CCR), Section 18081 through 18084. The
LEA is required to inspect and enforce:
- State minimum standards for
disposal sites, transfer stations, compost operations and facilities,
construction and demolition operations and facilities, and other operations and
facilities outlined in 14 CCR, Chapters 3 and 3.1, applicable sections of 27
CCR Chapter 3;
- Solid waste facility permit
terms and conditions; and
- The
administration of Solid Waste Facilities Permits and Closure/Postclosure
Maintenance Plans.
Public Resources Code
- PRC, Division 30, Part 5, Enforcement provides the statutory
authority for enforcement.
-
PRC, Division 30, Part 5,
Chapter 1, Article1, Section 45000 allows an LEA to issue a
Corrective Action Order requiring an owner or operator of a solid waste
facility to take corrective action as necessary to abate a nuisance, or to
protect human health and safety or the environment.
-
PRC, Division 30, Part 5,
Chapter 1, Article 2, Section 45005 allows an LEA to issue a
Cease and Desist Order if the LEA determines that a solid waste facility is
operating without a permit.
-
PRC, Division 30, Part 5,
Chapter 1, Article 3, Section 45011 allows an LEA to issue civil
penalties to an owner/operator of a solid waste facility if it is determined
that the facility is in violation of PRC, Division 30, Part 5, Chapter 1,
Article 1 or Article 2.
California Code of Regulations,
Title 14
- California Code of
Regulations, Title 14, Chapter 5, Article 4 outlines the standards used by LEAs to enforce state minimum
standards, permits, and related state solid waste laws and regulations within
their purview. It also applies to the activities of the Board
in reviewing such duties of each LEA and acting in the place of the LEA. Specifically, Article 4 prescribes
those cases when orders are required, the types of orders and types of notices
the LEA can use. Further, the regulations outline the minimum
requirements of what the Notice and
Order should include.
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Authority for Issuing a Notice and
Order
Title 14, CCR 18304
requires the LEA, as it deems appropriate or when required by statute, to issue
a notice and order if the LEA determines that any facility, disposal site,
operation or person(s):
(1) is in violation of Division 30 of the PRC;
(2) is in violation of any regulations adopted pursuant
to Division 30 of the PRC;
(3) is in violation of any terms or conditions
of the solid waste facility permit under which the facility or disposal site is
operating;
(4) causes or threatens to cause condition of hazard or
pollution; or
(5) poses a potential or actual threat to public health
and safety or the environment.
Types of Notices
Title
14, CCR Section 18304.1(b) describes the types of notices.
(1) Corrective Action. Notice informing the owner and
operator that failure to comply by a specified date in a final corrective
action order may result in the EA contracting for corrective action. If the owner or operator fails to take
corrective action as specified, the EA or the board may either take corrective
action itself or contract for corrective action to be completed by an outside party
at the expense of the owner, operator or both.
(2) Administrative Civil Penalties. Notice informing the
owner or operator that the EA may take action to impose administrative civil
penalties upon failure to comply with applicable deadlines in a final
compliance order. In accordance with PRC section 45011, if the owner or operator fails to achieve compliance by
applicable deadlines in the order, the EA may impose penalties through written
notification to the owner or operator. The notification shall include the
amount of the penalty and the due date for payment, which in no case should be
later than 30 days after the date the order becomes final.
(3) Conditional Administrative Civil Penalties. Notice
informing the owner or operator that the EA is conditionally imposing
administrative civil penalties in a specified amount per day with a specified
start date for penalty accrual, upon failure to comply with applicable
deadlines in a final compliance order. If the owner or operator fails to achieve compliance by applicable
deadlines in the order issued pursuant to PRC section 45011, the EA shall
notify the owner or operator in writing of the amount of the penalty and the
due date for payment, which in no case should be later than 30 days after the date
the order becomes final.
(4) Petition for Superior Court Injunction. Notice
informing the owner or operator that failure to comply by the deadline in a
final order may result in the EA petitioning the superior court to enjoin the
violations, and that continued violation after the granting of an injunction
may be punishable as contempt of court. The notice may be enforced by filing an appropriate petition in superior
court.
(5) Civil Penalties. Notice informing the owner or operator
that upon failure to comply with a deadline in a final order, the EA may bring
an action in the superior court to impose upon the owner or operator civil
penalties. The notice may be enforced
by filing an appropriate petition in superior court pursuant to PRC sections
45023 and 45024.
(6) Suspend or Revoke the Permit. Notice informing the
owner or operator that the EA, subject to the applicable requirements of PRC
sections 44305 and 44306, may take action to suspend or revoke the permit for
the facility upon failure to comply with applicable deadlines in a final order.
Types of Orders
Title
14, CCR Section 18304.1(a) describes the types of orders.
(1) Corrective Action Order. An order requiring the owner
or operator of a facility, disposal site or operation to take specified action
by a specified date to abate a nuisance, or to protect public health and safety
or the environment. (An example of the typical circumstances under which
this order may be issued: Conditions at the facility, disposal site or operation
are creating a nuisance or posing a threat to human health and safety or the
environment.)
(2) Cease and Desist Order. An order requiring the owner or
operator of a facility, disposal site or operation to cease and desist any
improper action, as specified in PRC section 45005, by a specified date.
(An example of the typical circumstances under which this order may be issued:
Facility, disposal site or operation is in violation of Division 30 of the PRC,
any regulations adopted pursuant to Division 30, or cause or threatens to cause
a condition of hazard, pollution or nuisance.)
(3) Compliance Order. Upon any of the grounds specified in PRC Section 45011(a)(1), an order establishing a time schedule according to
which the owner or operator of the facility, disposal site or operation shall
correct any violations and/or abate a potential or actual threat to public
health and safety or the environment. (An example of the typical
circumstances under which this order may be issued: Facility, disposal site or
operation is in violation of Division 30 of the PRC, any regulations adopted
pursuant to Division 30, any corrective action or cease or desist order, or
poses a potential threat to public health and safety or the environment.
A compliance order must be issued pursuant to PRC section 45011 as a prelude to
the assessment of administrative civil penalties.)
A Notice and Order must include the following:
Title 14, CCR Section 18304(b) also describes the
type of information that must be included in a notice and order.
- The identity of the EA.
- The name or names of each person or entity to which it
is directed.
- A description of the facility, operation or site where
the violation was documented with a specific description of the location of the
violation.
- A description of the violation.
- The statutes, regulations, or permit terms and
conditions the EA has determined are being violated.
- A schedule, as described in section 18304.1(a), by
which the operator is to take specified action(s).
- The penalty for not complying within the specified
schedule, as described in section 18304.1(b).
- A notice informing the owner/operator of their right to
appeal the notice and order to the hearing panel under PRC section 44307.
- The date of issuance and signature of an authorized
officer or employee of the EA.
The notice and order shall be accompanied by a declaration
or affidavit under penalty of perjury of an employee or officer of the EA
stating that the allegations contained in the notice and order are based either
on personal knowledge or information and belief.
Notifying the Board of the Issuance
and Status of a Notice and Order
- Title 14, CCR Section 18304(e)
requires the LEA provide the Board with a copy of the notice and order within
five days of issuance.
- Title 14, CCR Section 18304.2(b)
states that a Notice and Order becomes final 15 days after receipt by the
operator or after completion of a review by the local hearing panel if
requested by the operator or owner.
- Title 14, CCR Section 18304.4
requires the LEA must provide the Board notification of the compliance
status of a Notice and order within 30 days after the compliance deadline or
expiration date specified on the notice and order.
Notice and
Order Resources: This site provides internet access to information
and resources for writing a notice and order.
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Waiver
of Permit Terms and Conditions During Temporary Emergencies
A
"Temporary Emergency" is a temporary, unforeseeable circumstance,
which does not include a collection or disposal labor strike or competitive
market changes.
The
Waiver of Permit Terms and Conditions During Temporary Emergencies establish a
process for facility operators to request approval to operate outside of the
limits and terms and conditions of the solid waste facilities permit in the
event of an unforeseeable situation. Regulations governing this process can be found
Title 14,
California Code of Regulations, Division 7, Chapter 3,
Article 3.5, Sections 17211 through 17211.9.
The LEA may issue a Stipulated Agreement to waive the operator from specific
terms and conditions of a solid waste facility permit for a limited period
during a temporary emergency.
What
is a Stipulated Agreement?
- It is an
enforceable document written by the LEA, pursuant to
Division 30, PRC, Section 45011(a).
- It provides
a temporary waiver of specified terms and conditions of a solid waste
facilities permit issued to an operator.
- Allows the
operator to operate in a manner inconsistent with specific terms and conditions
of their solid waste facilities permit.
- Does not
exceed 90 days, but can be extended as allowed in
Title
14, CCR Section 17211.6.
- All permit
terms and conditions, which are not the subject of the stipulated agreement,
shall remain in effect.
When
is a Stipulated Agreement Used?
- It is used
in the event of an unforeseeable circumstance, which has caused a temporary
emergency.
- When the
agreement does not cause or contributes to, or threatens to cause or contribute
to, harm to the public health and safety or the environment.
- When
acceptable evidence is provided to the EA that the operation of the facility
under a stipulated agreement is compliant with all applicable land use
entitlements, all other permits affecting the facility, all applicable federal,
state, and local laws and regulations, and the California Environmental Quality
Act.
Sample
Stipulated Agreements
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Emergency
Waiver of Standards during a State of Emergency
What
is a State of Emergency?
A
"State of Emergency" means the duly proclaimed existence of
conditions of disaster or of extreme peril to the safety of persons and
property within the state, as described in Government Code section 8558(b),
which conditions, by reason of their magnitude, are or are likely to be beyond
the control of the services, personnel, equipment, and facilities of any single
county, city and county, or city, and require the combined forces of a mutual
aid region or regions to combat, as stated in a proclamation by the Governor.
In
situations where a state of emergency or local emergency is declared,
Title 14, CCR Section 17210 through 17210.9
allows LEAs to grant emergency waivers to operators, who hold a valid solid
waste facilities permit. The waiver
grants an operator temporary relief from specific standards imposed by Division
30 or specific terms or conditions of a solid waste facilities permit issued
pursuant to Division 30. The waiver applies to the origin of waste; the
rate of inflow for storage, transfer, or disposal of waste; the type and
moisture content of solid waste; the hours of facility operation; and the
storage time before transfer or disposal of wastes, at a solid waste facility.
This includes the establishment of a locally approved temporary transfer or
processing site, if authorized by the enforcement agency.
Staff routinely report to the Board on
Enforcement Orders issued by LEA. A list of the reports presented to the Board
to date follows:
- April 23, 2003
Board Agenda Item 21
(Word 97, 292 KB). Report To The Board On
Enforcement Orders Issued By Local Enforcement Agencies From August 2002
Through February 2003 And Discussion Of Cease And Desist Orders.
- April 16-17, 2002 Board Agenda Item 3
(Word 97, 116 KB). Report To The Board On Enforcement Orders Issued By Local Enforcement
Agencies Since November 2001.
- September 17-18, 2002 Board Agenda Item 1
(Word 97, 152 KB). Report To The Board On Enforcement Orders Issued By Local Enforcement
Agencies Since November 2001.
- November 13-14, 2001 Board Agenda Item 33
(Word 97, 56 KB). Report To Board
On Enforcement Orders Issued By Local Enforcement Agencies During The Past Four
Months.
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