California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal › Article 3.5 - Temporary Waiver of Terms › Section 17211 - Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article is adopted pursuant to and
				  for the purpose of implementing the California Integrated Waste Management Act
				  of 1989 (the Act), commencing at Section
				  40000
				  of the Public Resources Code, as amended. These Regulations should be read
				  together with the Act.
(b) The
				  purpose of this Article is to provide a means for an enforcement agency (EA) to
				  authorize a temporary waiver from specific terms and conditions of a solid
				  waste facilities permit for a limited period during a temporary emergency as
				  defined in Section
				  17211.1(b). This
				  Article does not authorize relief from requirements of State Minimum Standards,
				  set out in Title 14, California Code of Regulations, Chapter 3, or other
				  standard or requirement adopted by the Board.
(c) Pursuant to this Article, an Enforcement
				  Agency (EA) may issue a stipulated agreement defined in Section
				  17211.1(a) that
				  provides a temporary waiver of specific terms and conditions of a solid waste
				  facilities permit during a temporary emergency.
(d) This article informs an operator, who
				  holds a valid solid waste facilities permit, of the process for requesting a
				  stipulated agreement in the event of an temporary emergency.
(e) This Article is not intended to limit the
				  authority of the state or a local agency, including the EA or the Board to
				  enforce the terms and conditions of a solid waste facilities permit that are
				  not subject to the stipulated agreement, State Minimum Standards, and
				  provisions of the Act.
1. New
					 article 3.5 (sections
					 17211-17211.9) and section filed
					 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A
					 Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 10).
3. New article 3.5 (sections
					 17211-17211.9) and section filed
					 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. New article 3.5 (sections
					 17211-17211.9) and section refiled
					 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A
					 Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. New article 3.5 (sections
					 17211-17211.9) and section refiled
					 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A
					 Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 10-24-2002 order transmitted
					 to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No.
					 14).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						45011(a),
						Public Resources Code.