reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18303 - Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The EA shall
				  conduct investigations of allegations made to it as required by subsection (e)
				  of Section
				  18302 or, if applicable, as
				  required by its own equivalent complaint review and investigation initiation
				  procedure as described in its board-approved EPP, and shall conduct
				  investigations of all other disposal sites, facilities and operations where it
				  has reason to believe violations exist. In addition, the EA shall conduct such
				  periodic investigations as it deems necessary to insure compliance with all
				  related state solid waste laws and regulations. In any investigation of
				  possible violation of a health-related standard, the LEA, if it is not the
				  local health department, shall consult as appropriate with the local health
				  department concerning enforcement and any other related actions. If an
				  investigation of possible violation of a health-related standard is conducted
				  by the board, it shall obtain and consider the recommendation of the State
				  Department of Health Services in addition to that of the local health
				  department/health officer.
(b)
				  Investigations by LEAs shall be conducted in accordance with the procedures in
				  their board-approved EPPs. The procedures shall include the requirements found
				  in subsection (c).
(c) The EA shall
				  maintain a record of each investigation. The record shall include but not be
				  limited to the following:
(1) The names of all
				  persons interviewed and the date ad location of each interview;
(2) A description of all documentary and
				  other physical evidence examined;
(3) The dates, times, and locations of all
				  inspections of the facility;
(4) A
				  list of correspondence, including any written reports by the
				  permittee;
(5) Any other evidence
				  leading to resolve the issues.
(6)
				  A summary of the findings and conclusions of each completed
				  investigation.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18304 - Notices and Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The EA as it deems appropriate or when required by statute, shall issue a
				  notice and order pursuant to subsection (b) and section
				  18304.1 if, in the course of an
				  investigation or at any other time, the EA determines that any facility,
				  disposal site, operation or person(s):
(1) Is
				  in violation of Division 30 of the Public Resources Code;
(2) Is in violation of any regulations
				  adopted pursuant to Division 30;
(3) Is in violation of any of the terms or
				  conditions of the solid waste facility permit under which the facility or
				  disposal site is operating;
(4)
				  Causes or threatens to cause a condition of hazard, or pollution; or
(5) Poses a potential or actual threat to
				  public health and safety or the environment.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18304.1 - Types of Notices and Orders; Enforcement Thereof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The EA shall include in a notice and order at least one of
					 the orders listed in subsection (a), and shall include the applicable notices
					 listed in subsection (b):
(a) 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.
Example: 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. Example: Typical circumstances under which this order may
					 be issued: Facility, disposal site or operation is in violation of Division 30
					 of the Public Resources Code, any regulations adopted pursuant to Division 30,
					 or causes 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. Example: Typical circumstances under which this order may be
					 issued: Facility, disposal site or operation is in violation of Division 30 of
					 the Public Resources Code, any regulations adopted pursuant to Division 30, any
					 corrective action or cease and desist order, or poses a potential or actual
					 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.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18304.2 - Final Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An order becomes final when either:
(a) A notice and order has been requested by
				  the operator and/or owner to be reviewed by the local hearing panel or hearing
				  officer, and the hearing process has been completed pursuant to PRC sections
				  44307
				  & 44310, and any subsequent appeals to the board or Superior Court have
				  been resolved pursuant to PRC sections
				  45030-
				  45042,
				  or;
(b) Within 15 days of receipt
				  if no review was requested by the operator.
1. New
					 section filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
2. Change without regulatory effect amending subsection (a)
					 filed 10-17-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						44307,
						44310,
						45017
						and
						45030-
						45042,
						Public Resources Code
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18304.3 - Mandated Enforcement Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An EA shall take the following enforcement actions for
					 specific violations or situations:
(a)
				  Issue a cease and desist order to cease operations immediately if the EA
				  determines that a solid waste facility is operating without a permit or that an
				  operation is operating without proper notification;
(b) If a facility is included on the
				  Inventory of Solid Waste Facilities Which Violate State Minimum Standards
				  pursuant to PRC section
				  44104,
				  the EA is required to develop a compliance schedule which ensures that diligent
				  progress is made by the operator to bring the facility into compliance pursuant
				  to PRC section
				  44106.
				  The compliance schedule may be incorporated into a notice and order.
1. New
					 section filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						44002,
						44104
						and
						44106,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18304.4 - Notice of Compliance Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the LEA issues a notice and order pursuant to
					 sections 18304 and
					 18304.1 or develops a compliance
					 schedule, the LEA shall, 30 days after the final compliance deadline or
					 expiration date in the order or schedule, provide notification of the
					 compliance status with the order or schedule to the board. The notice of
					 compliance status may be included as part of an LEA's periodic inspection
					 report and shall include a determination as to whether the operator is in
					 compliance with the notice and order or schedule and whether the notice and
					 order or schedule has been completed, extended or enforced, as the LEA deems
					 applicable and appropriate, along with the justification and reasoning for the
					 determination.
1. New
					 section filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						45000-
						45024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18304.5 - Notification of Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon the taking of any action described in a notice as
					 authorized by section
					 18304.1, the LEA shall within five
					 business days advise the board of the action in writing and include a copy of
					 any court documents that have been filed.
1. New
					 section filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						45000-
						45024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18305 - Enforcement of Notices and Orders. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 8-3-77 as an emergency; effective upon filing (Register
					 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register
					 77, No. 45).
3. Change without regulatory effect amending section
					 filed 5-17-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 27).
4. Repealer filed 4-12-2001;
					 operative 5-12-2001 (Register 2001, No. 15).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						45000-
						45300,
						44501-
						44503
						and
						45505-
						45507,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18306 - Emergency Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  the EA or the board determines that a violation exists that poses an imminent
				  threat to public health and safety or the environment, the EA or the board may
				  clean up, abate, or otherwise remedy the violation immediately upon failure of
				  the owner and operator to take corrective actions by the deadline in a
				  corrective action order issued pursuant to sections
				  18304 and
				  18304.1. An owner's or operator's
				  request to review the EA's or board's action by a hearing panel or hearing
				  officer pursuant to PRC section
				  44307,
				  and any subsequent appeals, does not stay the effect of the order or prevent
				  the EA or board from taking or contracting for corrective action.
(b) If any action is taken pursuant to
				  subsection (a) of this section, the EA or the board shall give notice in the
				  manner specified in section
				  18304(d) to the
				  owner and operator as soon as practicable, but in no case later than five
				  business days after taking the action. A copy of the notice shall be
				  transmitted to the board within five business days of issuance.
(c) The EA or the board may bring an action
				  in the superior or municipal court to recover the costs of emergency remedial
				  measures. Upon the bringing of such an action, the EA shall advise the board of
				  the action in writing accompanied by a copy of the complaint within five
				  business days. When the board brings its own action in superior or municipal
				  court, it shall notify the appropriate EA of the action in writing, accompanied
				  by a copy of the complaint within five business days.
1. Amendment
					 of subsection (c) filed 8-3-77 as an emergency; effective upon filing (Register
					 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register
					 77, No. 45).
3. Change without regulatory effect amending section
					 filed 5-17-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 27).
4. Amendment of section and NOTE
					 filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5.
					 Change without regulatory effect amending subsection (a) filed 10-17-2007
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						45000-
						45024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18307 - Actions to Suspend or Revoke a Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the EA determines that there is cause
				  for suspension or revocation of a permit pursuant to PRC sections
				  44305
				  or
				  44306
				  respectively, and the EA has previously notified the operator in writing of the
				  violation or other condition which is cause for suspension or revocation, the
				  EA may issue to the operator, via certified mail with return receipt requested
				  or by personal service if certified mail attempts are unsuccessful, a Notice of
				  Intent to Suspend (NIS) or a Notice of Intent to Revoke (NIR) the permit. The
				  NIS or NIR shall inform the operator of the EA's intent to suspend or revoke
				  the permit and of the operator's right to request the matter to be heard in
				  front of the hearing panel or hearing officer pursuant to PRC section
				  44310.
				  If the operator does not request a hearing within 15 days of receipt of the NIS
				  or NIR, the EA may take action to suspend or revoke the permit without a
				  hearing or it may hold a hearing prior to taking such action.
(b) The EA may, in its discretion, precede
				  the issuance of the NIS or NIR filing by service of an appropriate notice and
				  order in the manner specified in section
				  18304, or it may include the NIS
				  or NIR within a notice and order as long as the EA has previously notified the
				  operator in writing of the violation or other condition which is cause for
				  suspension or revocation.
(c)
				  Within five business days of issuing a NIS or NIR, the EA shall notify the
				  board by providing it with a copy of the NIS or NIR.
(d) If, after an NIS or NIR has been issued
				  the proceeding to suspend or revoke a permit is terminated in any manner other
				  than by decision of the hearing panel or hearing officer, the LEA shall so
				  advise the board in writing.
1. Amendment
					 of subsection (d) filed 8-3-77 as an emergency; effective upon filing (Register
					 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register
					 77, No. 45).
3. Change without regulatory effect amending section
					 filed 5-17-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 27).
4. Amendment of section heading,
					 section and NOTE filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
5. Change without regulatory effect amending subsections (a)
					 and (d) filed 10-17-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						44305-
						44310,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18308 - Enforcement Actions by Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect pursuant to section
					 100(b)(1) and
					 (b)(4), Title 1, California Code of
					 Regulations renumbering former section
					 18308 to section
					 18350 filed 5-4-90; operative
					 6-3-90 (Register 90, No. 24).
Note: Authority cited: Sections
						40502
						and
						43304,
						Public Resources Code. Reference: Sections
						45200,
						45300
						and
						45506,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18309 - Use of Performance Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
					 49).
2. Change without regulatory effect filed 8-17-89 pursuant to
					 section 100, Title 1, California Code of
					 Regulations (Register 89, No. 35).
3. Change without regulatory
					 effect pursuant to section
					 100 (b)(1) and
					 (b)(4), Title 1, California Code of
					 Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
4.
					 Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18310 - Statement of Intent. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
					 49).
2. Change without regulatory effect pursuant to section
					 100 (b)(1) and
					 (b)(4),Title 1, California Code of
					 Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3.
					 Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18311 - Failure to Meet Performance Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
					 49).
2. Change without regulatory effect pursuant to section
					 100(b)(1) and
					 (b)(4), Title 1, California Code of
					 Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3.
					 Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18312 - Review of Performance Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
					 49).
2. Change without regulatory effect pursuant to section
					 100 (b)(1) and
					 (b)(4), Title 1, California Code of
					 Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3.
					 Repealer filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 4 - Enforcement by EA and Review by Department › Section 18313 - Inspection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 12-2-80; effective thirtieth day thereafter (Register 80, No.
					 49).
2. Change without regulatory effect pursuant to section
					 100(b)(1) and
					 (b)(4), title 1, California Code of
					 Regulations filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
3.
					 Editorial correction removing duplicate printing of section (Register 91, No.
					 29).
4. Repealer filed 4-12-2001; operative 5-12-2001 (Register
					 2001, No. 15).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5 - Enforcement by Board › Section 18350 - Enforcement Actions by Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Should the board find good cause exists
				  for the issuance of a notice and order (N&O) or for the taking of any other
				  enforcement action and should the board further find that the LEA has failed to
				  take such an action pursuant to the LEA performance criteria in section
				  18084, the board may take such an
				  action after implementing the following procedures:
(1) Request in writing an increased
				  enforcement response by the LEA, consisting of additional enforcement action
				  pursuant to its EPP and, if applicable, to a previously issued N&O, and
				  offer technical assistance. The request shall include documentation of the lack
				  of appropriate enforcement action on the part of the LEA;
(2) If the LEA fails to respond within 30
				  days of receipt of the request with an increased enforcement response, the
				  board shall issue a Notice of Intent to Take Action (NIA) to the LEA and the
				  operator. The NIA shall include the date and time for a board hearing which
				  shall be scheduled in no case earlier than 30 days from the date the NIA is
				  sent;
(3) If the LEA still fails to
				  respond with an increased enforcement response, the board shall hold a public
				  hearing regarding its intent to take action. At the hearing, the board may
				  decide to take enforcement action or to take any other action to improve LEA
				  performance pursuant to PRC section
				  43216.5.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5 - Enforcement by Board › Section 18351 - Assumption of Duties of EA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board shall assume the duties of the
				  EA upon occurrence of any of the following circumstances:
(1) Upon agreement of the board and local
				  governing body and designation of the board in the manner provided by law;
				  or
(2) Upon withdrawal of a
				  designation where no new designation is made and approved.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5 - Enforcement by Board › Section 18352 - Filing of Papers. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 2-21-78; effective thirtieth day thereafter (Register 78, No.
					 8).
2. Change without regulatory effect repealing Section
					 18352 filed 8-17-89 pursuant to
					 Section 100, Title 1, California Code of
					 Regulations (Register 89, No. 35).
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5 - Enforcement by Board › Section 18353 - Hearing Panel. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect amending section filed 5-17-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 27).
2. Amendment filed 10-26-94;
					 operative 10-26-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 43).
3. Repealer filed 4-12-2001; operative
					 5-12-2001 (Register 2001, No. 15).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						44800-
						44801,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5 - Enforcement by Board › Section 18354 - Appeals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect amending section filed 5-17-91 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 91, No. 27).
2. Repealer filed 4-12-2001;
					 operative 5-12-2001 (Register 2001, No. 15).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						45500-
						45504,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5 - Enforcement by Board › Section 18355 - Fee Schedules. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-3-77 as an emergency; effective upon filing (Register 77, No.
					 32).
2. Amendment filed 10-31-77 as an emergency; effective upon
					 filing. Certificate of Compliance included (Register 77, No. 45).
3.
					 Change without regulatory effect amending section filed 5-17-91 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 91, No. 27).
4. Repealer filed 4-12-2001;
					 operative 5-12-2001 (Register 2001, No. 15).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Sections
						43212,
						43213
						and
						44006,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18360 - Authority and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This Article sets forth the procedures associated with the Inventory of Solid
				  Waste Facilities Which Violate State Minimum Standards, and the enforcement
				  roles of both the enforcement agency and the board.
(b) This Article is adopted pursuant to and
				  for the purpose of implementing the California Integrated Waste Management Act
				  of 1989 (Act) commencing with Section
				  40000
				  of the Public Resources Code, as amended. This article should be read together
				  with the Act.
(c) Nothing in this
				  Article limits or restricts the power of any federal, state, or local agency to
				  enforce any provision of law that it is authorized or required to enforce or
				  administer, nor to limit or restrict cities or counties from promulgating laws
				  which are at least as strict as the regulations contained in this Article.
				  However, no city or county may promulgate laws which are inconsistent with the
				  provisions of this Article.
1. New
					 article 5.1 (sections
					 18360-18368) and section filed
					 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						40053,
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18361 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions apply to Article 5.1.
(a) "Compliance schedule" means a written
				  plan with milestone dates to achieve compliance for State Minimum Standard
				  (SMS) violations. The compliance schedule could be proposed by the operator and
				  approved by the enforcement agency or directed by the enforcement agency. The
				  compliance schedule may be a stand-alone document or in the form of a Notice
				  and Order pursuant to California Code of Regulations section
				  18304.
(b) "Executive director" means the executive
				  director of the board or his/her designee.
(c) "Inventory" means a list of solid waste
				  facilities operating in the State of California that have multiple violation(s)
				  of the state minimum standards for solid waste handling and disposal. State
				  minimum standards regulate the design and operation of solid waste facilities
				  in order to protect public health and safety of the environment in Title 14 or
				  Title 27, California Code of Regulations.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						44104
						and
						44106,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18362 - Notice of Intent to List a Facility for Inclusion on the Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, at a
				  permitted facility, the enforcement agency documents the same State Minimum
				  Standards violation(s) for two consecutive months during its inspections, then
				  the board will send a notice of intent letter to the operator and landowner of
				  the facility. This letter is a notification to the operator/owner of a
				  permitted facility that the board intends to place the facility on the
				  Inventory if the violation(s) is not corrected within 90 days of receipt of the
				  notice. The notice of intent letter will be sent by certified mail.
(b) The board must consult with the
				  enforcement agency verbally or in writing before sending a notice of intent
				  letter to ensure that the notification is based on current
				  information.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						44104,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18363 - Rescission of the Notice of Intent to List a Facility on the Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the
				  enforcement agency provides written documentation that the facility is no
				  longer in violation of all of the standard(s) listed in the notice of intent
				  letter during the 90-day notice of intent period, then a rescission letter will
				  be sent to the operator and landowner by the board. The rescission letter will
				  be sent by certified mail.
(b) The
				  enforcement agency must indicate compliance on an inspection report developed
				  at the time compliance is determined or on the next inspection report after the
				  determination.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						44104,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18364 - Inclusion of a Facility on the Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the violation(s) listed on the notice
				  of intent letter is not corrected on or before the 90th day subsequent to the
				  operator's receipt of the notice of intent letter, then the board will send
				  another letter to the operator and landowner as notification that their
				  facility has been placed on the Inventory. The inclusion letter will state the
				  violation(s) to be listed on the Inventory, including those on the notice of
				  intent letter that have not been complied with, and will be sent by certified
				  mail.
(b) The board must consult
				  with the enforcement agency verbally or in writing before sending out an
				  inclusion letter to ensure that the notification is based on current
				  information.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						44104,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18365 - Compliance Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Within 15 business days following the date of the inclusion letter, the
				  enforcement agency must issue a compliance schedule to the operator of the
				  facility pursuant to PRC 44106(a). Within 5 business days of issuance of the
				  compliance schedule, a copy will be sent to the board.
(b) The compliance schedule must have the
				  final compliance date within one year from the date of the inclusion letter.
				  The enforcement agency may issue a compliance schedule for more than one year
				  but not to exceed two years, after informing the executive director in writing.
				  A one-year extension beyond two years may be made prior to the expiration of
				  the two-year period upon approval by the executive director. The executive
				  director shall report any such approvals or disapprovals to the
				  Board.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						44106,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18366 - Removal of a Family from the Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the enforcement agency provides the
				  board with written documentation that the facility is no longer in violation of
				  all the standard(s) listed on the inclusion letter, then a removal letter will
				  be sent to the operator and landowner by the board. The removal letter will be
				  sent by certified mail within 15 days of the receipt of the LEA
				  documentation.
(b) The enforcement
				  agency must indicate compliance in an inspection report developed at the time
				  compliance is determined or in the next inspection report after the
				  determination.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						44104
						and
						44106,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18367 - Publishing the Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Inventory will be published twice a
				  year in board meeting minutes. Updates to the published Inventory will be made
				  as needed.
(b) Each city council or
				  county board of supervisors with a facility in its jurisdiction on the
				  Inventory will receive a copy of the twice a year published Inventory. The
				  jurisdiction will be notified when the facility is removed from the
				  Inventory.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						44104,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 5.1 - Inventory of Solid Waste Facilities Which Violate State Minimum Standards › Section 18368 - Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The enforcement
				  agency may issue enforcement orders as it deems appropriate pursuant to Public
				  Resources Code, Division 30, Part 5 (commencing at section
				  45000) and Title 14, California
				  Code of Regulations, Division 7, Chapter 5, Article 4 (commencing at section
				  18301).
(b) The enforcement agency may revoke the
				  permit of a solid waste facility that does not meet the requirements contained
				  in the compliance schedule issued by the enforcement agency until the
				  violation(s) of state minimum standards which caused the facility to be
				  included in the Inventory are remedied, pursuant to Public Resources Code,
				  Division 30, Part 4, sections
				  44305 and
				  44306, and Title 14, California
				  Code of Regulations, section
				  18307.
1. New
					 section filed 3-5-2003; operative 4-4-2003 (Register 2003, No.
					 10).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						44106
						and
						45000-
						45024,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 6 - Criteria, Priority and Administration of the Loan Guarantee Program Provided Pursuant to the Waste Disposal Site Hazard Reduction Act of 1987 › Section 18400 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the definitions found in
					 Public Resources Code sections
					 46021-
					 46028
					 shall apply unless otherwise indicated. The following supplementary definitions
					 shall also govern the construction of this chapter:
(a) "Approved lending institutions" means
				  banking organizations, including national banking associations and state
				  chartered commercial banks and trust companies; savings and loan associations;
				  and state and federal agencies authorized to make loans, such as the California
				  Pollution Control Financing Authority.
(b) "Borrower" means an owner or operator of
				  a solid waste landfill who applies for a loan, and meets the eligibility
				  requirements set forth in section
				  18401 of these
				  regulations.
(c) "Default" means
				  the failure of a borrower or debtor to pay, when due, the principal and/or the
				  interest owed:
(1) on an installment if the
				  note is written for installment payments; or
(2) on maturity of the note if the note is
				  written for a lump sum payment; or
(3) on demand of the lender if the lender has
				  exercised the note's acceleration clause.
In the absence of the conditions stated above, failure of
					 the debtor to comply with terms or conditions attached to a note shall not in
					 itself constitute a default that would allow the lender to file a claim against
					 the guarantee.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 6 - Criteria, Priority and Administration of the Loan Guarantee Program Provided Pursuant to the Waste Disposal Site Hazard Reduction Act of 1987 › Section 18401 - Loan Guarantee Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may guarantee a loan only if it determines that
					 the borrower meets the following criteria:
(a) The borrower has met the requirements, if
				  applicable, of Public Resources Code section
				  46202.
(b) The loan guarantee, if provided, shall be
				  used to secure a loan from an approved lending institution to implement a
				  qualifying corrective action, which is required to be taken pursuant to section
				  41805.5
				  of the Health and Safety Code or section
				  13273 of the
				  Water Code, or pursuant to directions from a state or local enforcement
				  agency.
(c) The borrower is unable
				  to secure adequate finances for a qualifying corrective action and has provided
				  written evidence that this guarantee is necessary in order to secure adequate
				  finances. Evidence may include, but is not limited to, credit evaluations from
				  approved lending institutions indicating that a guarantee is needed in order
				  for the loan to be made.
(1) The landfill
				  owner or operator shall have attempted to secure financing through conventional
				  funding mechanisms. including but not limited to increased tipping fees, to
				  cover the cost of implementing the corrective action.
(2) The borrower is unable to obtain the
				  required financing from any of its parent, subsidiary or associated
				  enterprises.