California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9 - Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans › Article 9.2 - Disposal Reporting System › Section 18804 - Non-Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section
				  outlines the Board's process for handling allegations of non-compliance:
(1) If an agency receives written information
				  on specific allegations of non-compliance pursuant to sections
				  18808.11(a) and
				  (b),
				  18809.11(a) and
				  (b),
				  18810.11(a) and
				  (b),
				  18811.11(a) and
				  (b),
				  18812.11(a),
				  18813.11(a) and
				  (b), and
				  18814.11(a) and
				  (b), it shall forward this information to the
				  Board. The agency shall send this information in writing, with any additional
				  information it has regarding specific allegations of non-compliance, no later
				  than 60 working days after receiving the information.
(2) If an agency has its own specific
				  allegations of hauler or operator non-compliance, the agency shall forward the
				  information, in writing, to the Board pursuant to section
				  18812.11(c).
(3) A hauler, operator, jurisdiction, or
				  district may forward information on specific allegations of agency
				  non-compliance in writing to the Board as set forth in sections
				  18808.11(c),
				  18809.11(c),
				  18810.11(c),
				  18811.11(c),
				  18813.11(c), and
				  18814.11(c).
(4) Board staff shall work with affected
				  parties to investigate and attempt to resolve allegations of non-compliance,
				  including allowing the entity accused of non-compliance a reasonable
				  opportunity to provide relevant information regarding the allegations. If Board
				  staff substantiates the allegations and cannot resolve them, then the Board
				  shall make a determination on the allegations of non-compliance at a public
				  meeting. Based on a finding of non-compliance, the Board may take one or more
				  of the following actions:
(A) notify the
				  affected jurisdictions of the Board's finding of non-compliance,
(B) publish the name of the hauler or
				  operator and the finding of non-compliance for a three-year period, using
				  electronic or print media, or
(C)
				  other actions as the Board deems necessary.
(5) If the Board, based on its own
				  investigation, determines that a hauler, operator, jurisdiction, agency, or
				  district is not complying with the requirements of this Article, the Board may
				  take one of the following actions:
(A) notify
				  the affected jurisdictions of the Board's finding of non-compliance,
(B) publish the name of the hauler or
				  operator and the finding of non-compliance for a three-year period, using
				  electronic or print media, or
(C)
				  other actions as the Board deems necessary.
(6) If an agency, a public contract hauler,
				  or an operator that is a jurisdiction fails to comply with this Article, and
				  that failure prevents the Board from accurately determining the agency's or
				  jurisdiction's level of Source Reduction and Recycling Element implementation,
				  the Board may initiate the process to issue a compliance order as set forth in
				  section
				  41825
				  of the Public Resources Code.