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 1 - Definitions and General Provisions › Section 18013 - Mailing Documents to the Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect repealing Section
					 18013 filed 8-17-89 pursuant to
					 Section 100, Title 1, California Code of
					 Regulations (Register 89, No. 35). For prior history, see Register 81, No.
					 21).
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 1 - Definitions and General Provisions › Section 18020 - Maintenance of Files

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Every enforcement agency shall maintain a file on each disposal site and
				  facility within its jurisdiction. These files shall include all solid waste
				  facilities that have been granted a permit or that are or have been the subject
				  of an application for a permit. The file on each facility or site shall contain
				  all applications, permits, notices, orders, reports, correspondence, and other
				  documents pertaining to the facility or site, which have been initiated or
				  received by the enforcement agency. However, the enforcement agency, pursuant
				  to Section
				  44102
				  of the Public Resources Code, shall separately maintain all papers relating to
				  the facility or site for which a request for confidential treatment has been
				  made, and such papers shall be suitably protected until such time as it has
				  been determined that confidential treatment is not required.
(b) The file for each facility or site shall
				  bear a number which is determined and assigned by the board.
(c) Each enforcement agency shall maintain a
				  current list of all files it maintains. The list shall be available for public
				  inspection upon request.
(d) All
				  files and their contents shall be retained by the enforcement agency for as
				  long as a facility or disposal site physically exists, and until written
				  discard approval is given by the board.
(e) Upon certification each LEA shall
				  maintain a separate and current chronological log of the legal and enforcement
				  actions, taken pursuant to 14 CCR Division 7, 27 CCR Division 2, Subdivision
				  1 (§
										20005 et seq.) and Parts 4 and 5
				  of Division 30 of the Public Resources Code. This log shall be retained by the
				  LEA as a file, and shall include at a minimum the following information:
				  facility or site name, address, facility number, the action type, the date
				  issued, and the outcome of the action(s).
1. Amendment
					 filed 12-17-91; operative 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Amendment of subsections (a), (b) and (e)
					 and amendment of NOTE filed 10-26-94; operative 10-26-94 pursuant to Government
					 Code section
					 11346.2(d)
					 (Register 94, No. 43).
3. Change without regulatory effect amending
					 subsection (e) filed 3-8-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						40062,
						43200,
						43209,
						45000,
						45200,
						45201,
						45300
						and
						45301,
						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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18050 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article sets forth the requirements for the
					 designation of a local agency as an enforcement agency, and the establishment
					 of hearing panels or selection of a hearing officer pursuant to the California
					 Integrated Solid Waste Management Act of 1989. A local governing body of a
					 city, county, or a joint powers body may designate a single local agency to be
					 its enforcement agency pursuant to Section
					 18051 of this Article. Upon board
					 approval of the designation and certification(s) of the local agency pursuant
					 to Articles 2.0, 2.1, and 2.2 of this Chapter, the designated local agency
					 shall become the local enforcement agency (LEA) in the designated jurisdiction.
					 A local governing body may enter into a contract or joint powers agreement with
					 another LEA for permitting, inspection, and enforcement duties within its
					 territorial jurisdiction. This action is subject to board approval of the
					 designation and certification of the contract LEA or the joint powers
					 LEA.
1. Amendment
					 of article heading and section text filed 12-17-91; operative 12-17-91 pursuant
					 to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Amendment filed 10-26-94; operative
					 10-26-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 43).
3. Change without regulatory effect amending
					 article heading and section filed 10-17-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						43200-
						45601,
						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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18052 - Redesignation of Existing LEAs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 and new section filed 12-17-91; operative 12-17-91 pursuant to Government Code
					 section
					 11346.2(d)
					 (Register 92, No. 13).
2. Repealer filed 10-26-94; operative
					 10-26-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 43).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						43200
						and
						43203-
						43207,
						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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18053 - Distribution of Notice of Designation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 12-17-91; operative 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Section
						66796.21,
						Government 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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18054 - Review of Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of the designation
				  information package (DIP), pursuant to Section
				  18051, the board staff shall,
				  within 45 days, review the designation and notify the local agency and the
				  designating local governing body in writing whether or not the proposed DIP is
				  complete and accepted by the board staff. Should the DIP be incomplete, the
				  local governing body and/or its designated local agency shall provide to the
				  board the specific missing information thereby starting a new 45 day review
				  period from the date of resubmittal.
(b) The board shall use the following
				  criteria when reviewing designations:
(1) the
				  designated agency shall demonstrate capability and experience in the
				  enforcement of public health and environmental regulations;
(2) the designation and certification must be
				  consistent with the enforcement scheme contemplated in the Countywide
				  Integrated Waste Management Plan upon its adoption and the LEA's Enforcement
				  Program Plan (EPP); and
(3) The
				  designated local agency shall fully comply with certification requirements
				  pursuant to Article 2.1 of this chapter.
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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18055 - Effective Date of Designation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 12-17-91; operative 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Repealer filed 10-26-94; operative
					 10-26-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 43).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						43200-
						43219,
						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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18056 - Local Governing Body Withdrawal of LEA Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A designation of an LEA may be withdrawn
				  by the local governing bodies that originally made the designation. Notice of
				  the withdrawal shall be given to the board a minimum of 90 days in advance of
				  the desired effective date of the withdrawal. This shall be done by a local
				  governing body resolution or other official document in the same manner the
				  designation was made. The notice of withdrawal shall specify whether a new
				  local agency is to be designated, or whether the local governing body intends
				  to have the Board become the new enforcement agency. If the notice of
				  withdrawal provides that a new local agency is to be designated, then the
				  withdrawal of designation shall be expressly conditioned on board approval of
				  the new designation. If the notice of withdrawal states that it is the local
				  governing body's intention for the board to become the new enforcement agency,
				  then the withdrawal of designation should not become effective until the Board
				  notifies the local governing body that it is prepared to assume responsibility
				  as the enforcement agency. The Board shall provide such notification on or
				  before:
(1) the end of the current fiscal
				  year; or
(2) 90 days after the
				  notice of withdrawal is given to the Board, whichever is later. The Board shall
				  then become the enforcement agency.
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 2 - Designation of a Local Agency and the Appointment of Hearing Panels or Hearing Officer › Section 18060 - Appointment of Hearing Panel(s) or Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the board can approve a
				  designation, the designated local agency's local governing body shall appoint a
				  hearing panel or hearing officer. The hearing panel shall be composed of either
				  members of the local governing body or an independent hearing panel pursuant to
				  Section 18081(e)(2).
				  There shall be an independent hearing panel or hearing officer when in the
				  jurisdiction of the enforcement agency there exists a publicly owned or
				  operated solid waste facility or disposal site.
(b) Notice of the appointment of a hearing
				  panel(s) or hearing officer shall be given the board and shall include the
				  following:
(1) The name of each member and her
				  or his position in the local governing body. If an independent hearing panel is
				  appointed pursuant to Section
				  44308
				  of the Public Resources Code, an indication of which person is the technical
				  expert in solid waste management, which person is the member of the local
				  governing body, and which person is the representative of the public at
				  large;
(2) the address to which
				  filings and correspondence shall be mailed;
(3) indication whether each hearing panel was
				  appointed pursuant to Section
				  44308(a)(1) or
				  (a)(2) of the Public Resources Code;
				  and
(4) the date, terms and
				  conditions of the appointment.
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 2.1 - LEA Certification Requirements › Section 18070 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
				  sets forth the LEA certification types, the requirements for certification and
				  certification maintenance including, but not limited to: technical expertise,
				  adequacy of staff resources, adequacy of budget resources, training, and the
				  LEA's Enforcement Program Plan (EPP), which the designated local agency shall
				  develop, submit for board approval, and adopt pursuant to Public Resources Code
				  Section
				  43209(e)
				  and Section
				  18077 of this Chapter, and the
				  periodic review of the LEA certification(s) pursuant to Article 2.2 of this
				  Chapter.
(b) After certification(s)
				  is issued and upon board approval, the designated local agency shall become the
				  sole LEA in its jurisdiction, and shall maintain and comply with its board
				  approved EPP to exercise its statutory power and authority pursuant to Division
				  30 of the Public Resources Code, 14 CCR Division 7, and 27 CCR Division 2,
				  Subdivision
				  1 (§
										20005 et seq.). The LEA shall
				  enforce the state and local minimum standards for solid waste collection,
				  handling, storage, and disposal for the protection of the air, water, and land
				  from pollution and nuisance, and for the protection of the public health and
				  safety, and the environment. This Article also addresses board directories of
				  hearing panels or hearing officers and enforcement agencies.
1. Repealer
					 and adoption of new section, article heading and NOTE filed 12-17-91; operative
					 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Amendment filed 10-26-94; operative
					 10-26-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 43).
3. Change without regulatory effect amending
					 subsection (b) filed 3-8-99 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 99, No. 11).
4. Change without regulatory
					 effect amending subsection (b) filed 10-17-2007 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						43200-
						45601,
						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 2.1 - LEA Certification Requirements › Section 18071 - Types of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may approve a designated local
				  agency and issue certification(s) to the local agency in one or more of the
				  following types of certifications:
(1) Type
				  "A": permitting, inspection, and enforcement of regulations at solid waste
				  disposal sites;
(2) Type "B":
				  permitting, inspection, and enforcement of regulations at solid waste
				  transformation facilities;
(3) Type
				  "C": permitting, inspection, and enforcement of regulations at transfer and
				  processing stations, materials recovery facilities, and composting facilities;
				  and
(4) Type "D": inspection and
				  enforcement of litter, odor, and nuisance regulations at solid waste
				  landfills.
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 2.1 - LEA Certification Requirements › Section 18072 - Technical Expertise

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Performance of permitting, inspection,
				  and enforcement duties and responsibilities of comprehensive solid waste
				  enforcement issues shall reside solely within an LEA. The LEA shall have one or
				  more full time staff members dedicated solely for solid waste issues. For all
				  certification types the dedicated staff shall be composed of at least one
				  registered environmental health specialist (REHS), pursuant to Sections
				  106600
				  through
				  106735
				  of the Health and Safety Code. Additional staff for permitting, inspection, and
				  enforcement duties may be a REHS(s), or person(s) meeting the requirements of
				  Sections
				  106635
				  of the Health and Safety Code, as certified by the LEA program director or
				  manager.
(1) The REHS shall have experience
				  and training in solid waste enforcement. This experience and training shall be
				  current and subsequent to the enactment of the California Integrated Waste
				  Management Act of 1989 commencing with Section
				  40000
				  of the PRC.
(2) The REHS experience
				  and training shall include the following:
(A)
				  permitting and closure/postclosure duties as described in
				  14 CCR
				  18082;
(B) inspection duties as described in
				  14 CCR
				  18083; and
(C) enforcement duties as described in
				  14 CCR
				  18084.
(3)
(A) For
				  type "A" certification, pursuant to
				  14 CCR
				  18071(a)(1), LEA review of
				  documents or reports generated pursuant to engineering requirements of Public
				  Resources Code Division 30 and 27 CCR Division 2, Subdivision
				  1 (§
												20005 et seq.), beyond the
				  technical abilities of the LEA's staff, shall be performed by public and
				  private entities as specified in the LEA's EPP, whose staff meet the following
				  definitions contained in
				  27 CCR
				  20164: "Certified Engineering Geologists,"
				  "Registered Civil Engineer," and "Soil Engineer."
(B) The LEA review in subsection (a)(3)(A)
				  may be contracted for by the LEA or the LEA may use appropriate CIWMB staff to
				  perform those duties.
(4)
				  For type "B" and "C" certifications, pursuant to
				  14 CCR
				  18071(a) (2 and 3), LEA
				  review of documents or reports generated pursuant to engineering requirements
				  of Public Resources Code Division 30 and 14 CCR Division 7, may be performed by
				  public and private entities, as specified in the LEA's EPP, under contract to
				  the LEA, which meet the following definitions contained in
				  27 CCR
				  20164: "Certified Engineering Geologists,"
				  "Registered Civil Engineer," and "Soil Engineer."
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 2.1 - LEA Certification Requirements › Section 18073 - Adequacy of Staff Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The LEA shall demonstrate the adequacy of
				  its staff resources by submitting documentation of the following analyses:
(1) the number and type of operating and
				  non-operating solid waste facilities, disposal sites, and collection and
				  handling equipment;
(2) the number
				  of annual compliance and projected complaint inspections based on the previous
				  year's records and anticipated additions or deletions;
(3) the time allocation requirements of local
				  agency staff for:
(A) inspections, travel,
				  research, analysis of findings, and documentation;
(B) enforcement activities including
				  warnings, notices, meetings, hearings, legal proceedings, and
				  documentation;
(C) permit
				  activities including reviews, modifications and revisions, and closure or
				  postclosure activities, including applications and plan reviews, site
				  evaluations and investigations, and documentation;
(D) corrective actions including: review and
				  approval of site investigations, assessments, characterizations, remediation
				  alternatives, and corrective measures;
(E) training including field, meetings,
				  seminars, workshops, courses, and literature reviews;
(F) management including day to day operation
				  scheduling, and supervision; and
(G) support staff both technical and
				  non-technical.
(4) The
				  staff resources shall be computed based on a Full Time Equivalence (FTE) not to
				  exceed 230 eight hour work days per year per person. The FTE baseline hours
				  shall be identified in the EPP.
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 2.1 - LEA Certification Requirements › Section 18074 - Adequacy of Budget Resources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The LEA shall maintain a budget
				  accounting process capable of identifying expenditures and revenues which are
				  adequate to fulfill their LEA duties and responsibilities pursuant to its board
				  approved EPP, this chapter, and Part 4 and 5 of Division 30 of the Public
				  Resources Code. Additionally, LEAs shall, at the beginning of each fiscal year
				  upon adoption by the local governing body, submit to the board supporting
				  information demonstrating budget adequacy.
(1) The LEA shall use methods that
				  demonstrate adequate budget resources for implementing the provisions of this
				  Article. The LEA shall account for all anticipated expenditures, including but
				  not limited to the following:
(A) staffing
				  pursuant to
				  14 CCR
				  18073;
(B) monitoring and testing materials and
				  equipment;
(C) health and safety
				  protection equipment and materials for staff;
(D) travel and per diem for training
				  seminars, conferences, etc.;
(E)
				  enforcement actions including staff time and independent legal counsel costs to
				  preclude conflict of interest and lack of timely initiation of legal actions
				  pursuant to
				  14 CCR
				  18051(b)(6) and
				  14 CCR 18084;
(F) consultant and technical
				  support;
(G) transportation;
				  and
(H) agency
				  overhead.
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 2.1 - LEA Certification Requirements › Section 18075 - Training Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) LEA personnel shall be trained in solid
				  waste enforcement. The LEA's training program shall be coordinated with the
				  board as well as other state and local agencies, be part of the LEA's
				  Enforcement Program Plan pursuant to
				  14 CCR
				  18077, and provide specific training in the
				  following areas:
(1) permitting, inspection,
				  and enforcement duties and responsibilities pursuant to Public Resources Code
				  Division 30, Parts 4 and 5, 14 CCR Division 7 and 27 CCR Division 2,
				  Subdivision
				  1 (§
											20005 et seq.), and local
				  ordinances and resolutions relating to solid waste collection, handling,
				  processing, storage, and disposal;
(2) inspection techniques and
				  scheduling;
(3) preparation for
				  hearing panel or hearing officer and court proceedings;
(4) administration practices within a solid
				  waste enforcement program;
(5)
				  monitoring equipment, data evaluation, and interpretation of the results as
				  related to solid waste enforcement;
(6) attendance of board approved seminars and
				  workshops;
(7) field staff health
				  and safety training in the categories of: planning of field inspections, safety
				  equipment, on-site procedures, decontamination and hazard recognition, and
				  avoidance; and
(8) for type "A"
				  certification, specific training in performance standards pursuant to
				  27 CCR
				  20695, when applicable.
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 2.1 - LEA Certification Requirements › Section 18076 - Request for and Review of Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 45 days of receipt of a request
				  for certification(s), the board shall notify the requesting local agency in
				  writing as to whether the request in the form of an Enforcement Program Plan
				  (EPP) pursuant to Section
				  18077 of this Chapter is:
(1) complete and accepted and shall be
				  reviewed; or
(2) the EPP is
				  incomplete and what specific information is missing, and needs to be submitted
				  to the board to provide for a complete EPP. The board will require the agency
				  to provide the specific missing information, thereby starting a new 45 day
				  process from the date of resubmittal.
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 2.1 - LEA Certification Requirements › Section 18077 - Enforcement Program Plan (EPP)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The LEA shall develop, adopt, and submit
				  for board approval an EPP pursuant to Public Resources Code Section
				  43209(e).
				  The EPP shall embody the designation and certification requirements and
				  demonstrate that the LEA meets all the requirements pursuant to Public
				  Resources Code Sections
				  43200,
				  43203,
				  43207,
				  and
				  43209,
				  14
				  CCR Division 7, Chapters 3 and 5, and 27 CCR Division 2, Subdivision
				  1 (Section
				  20005 et seq.). At a minimum, the
				  EPP shall include the following written components:
(1) a certification request letter;
(2) an accepted designation information
				  package (DIP) pursuant to
				  14 CCR
				  Section 18051;
(3) a statement of EPP goals and
				  objectives;
(4) a copy of the
				  enabling ordinance(s) or resolution(s) for the LEA jurisdictional
				  authority;
(5) a copy of all local
				  solid waste collection, handling, storage, and disposal statutes or
				  ordinances;
(6) a comprehensive
				  list of all types of solid waste facilities and disposal sites, and solid waste
				  handling and collection vehicles within the jurisdiction;
(7) a time task analysis demonstrating the
				  adequacy of staff resources pursuant to
				  14 CCR
				  Section 18073;
(8) a demonstration of staff technical
				  expertise;
(9) an operating budget
				  demonstrating adequacy of budget resources pursuant to
				  14 CCR
				  Section 18074;
(10) a detailed staff training procedure
				  pursuant to
				  14 CCR
				  Section 18075;
(11) a procedure manual for solid waste
				  facility permitting and closure or postclosure;
(12) a procedure manual for random and
				  unannounced inspection and investigation, compliance assurance, enforcement,
				  and hearing panel or hearing officer utilization; and
(13) a procedure manual for disposal site
				  identification, assessment, and corrective actions.
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 2.1 - LEA Certification Requirements › Section 18078 - Directory of Enforcement Agencies, Hearing Panels, and Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall maintain a statewide directory of hearing
					 panels, hearing officers and local enforcement agencies as approved and issued
					 certification(s) by the board. The directory shall include a description of the
					 jurisdiction and mailing address of each and shall be open to the public
					 inspection pursuant to Article 4 of Chapter 1 of this division. The board shall
					 promptly respond to inquiries by the public regarding the identity or location
					 of an enforcement agency, hearing panel, or hearing officer.
1.
					 Renumbering and amendment of former section
					 18070 to section
					 18078 filed 12-17-91; operative
					 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Relocation and amendment of Form 1000
					 (including illustration of Designation and Certification Process) filed
					 10-26-94; operative 10-26-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 43).
3. Change without regulatory effect moving
					 forms to section
					 18831, appendix A filed 4-2-96
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 14).
4. Change without regulatory
					 effect amending section heading and section filed 10-17-2007 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						43200,
						43201,
						43204,
						44800
						and
						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 2.2 - LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities › Section 18080 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article, pursuant to Public Resources Code Section
					 43214,
					 sets forth the LEA's duties and responsibilities, performance standards,
					 certification maintenance requirements, and board evaluation of
					 LEAs.
1. New
					 section filed 12-17-91; operative 12-17-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 13).
2. Repealer of subsection (a) designator
					 filed 4-12-2001; operative 5-12-2001 (Register 2001, No.
					 15).
Note: Authority cited: Sections
						40502,
						43020,
						43200
						and
						43214,
						Public Resources Code. Reference: Sections
						43209,
						43214,
						43215,
						43216
						and
						43219,
						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 2.2 - LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities › Section 18081 - LEA Performance Standards and Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In performing its permitting, closure and
				  postclosure, inspection, and enforcement functions, the LEA shall meet its duty
				  requirements and comply with the standards pursuant to Public Resources Code
				  Division 30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR, Division 2,
				  Subdivision
				  1 (§
										20005 et seq.) and its EPP.
				  Deviation from these standards may result in a performance review by the board
				  pursuant to Public Resources Code Sections
				  43214,
				  43215
				  and
				  43219,
				  including establishment of LEA compliance schedules or withdrawal of
				  designation and certification(s) approvals. The board's evaluation and
				  decisions will consider the severity of the deviation(s) as related to the
				  potential negative impacts on public health, safety or the
				  environment.
(b) The LEA shall be
				  assessed for compliance with the certification requirements pursuant to Article
				  2.1 and 2.2 of this Chapter, Public Resources Code Section
				  43209,
				  and its board-approved EPP.
(c) All
				  facilities and disposal sites within the LEA's jurisdiction shall:
(1) be in compliance with the state minimum
				  standards and either the terms and conditions of the solid waste facility
				  permits, the board-approved final closure and postclosure maintenance plans,
				  have completed postclosure maintenance and monitoring pursuant to
				  27 CCR
				  Sections 21180 and
				  21900, or have ceased operation
				  prior to January 1, 1988; and
(2)
				  be permitted, exempted, governed by board-approved final closure and
				  postclosure maintenance plans, or have completed postclosure maintenance and
				  monitoring pursuant to
				  27 CCR
				  Sections 21180 and
				  21900; or
(3) be under appropriate enforcement
				  action(s) pursuant to
				  14 CCR
				  Section 18084 to remedy any
				  violations.
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 2.2 - LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities › Section 18082 - LEA Duties and Responsibilities for Permitting and Closure or Postclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The LEA/EA
				  shall implement the solid waste facility permitting regulations pursuant to
				  Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7, Chapter 5,
				  27 CCR, Division 2, Subdivision
				  1 (§
										20005 et seq.), and its EPP, where
				  applicable, as follows:
(1) applications:
(A) verify the submission of required
				  documents, site and personnel information, and fees;
(B) evaluate the application documents for
				  accuracy and conformity to the EPP and the appropriate state standards cited in
				  subsection (a) of this Section;
(C)
				  review for short and long term environmental impacts, damage, and proposed
				  mitigation measures;
(D) decide
				  whether or not to accept the application and proceed with a proposed permit for
				  board approval;
(E) initiate
				  appropriate public notice and comment period; and
(F) submit copies of the above documents,
				  notices, comments, and responses to the board.
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 2.2 - LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities › Section 18084 - LEA Duties and Responsibilities for Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If during an inspection, investigation,
				  or at any other time, the LEA/EA finds a solid waste facility, operation, or
				  disposal site, is in violation of state minimum standards, the terms and
				  conditions of a permit, or any related state solid waste laws or regulations
				  within their purview, the LEA/EA shall enforce the applicable provisions as
				  required by PRC Division 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR,
				  Division 2, Subdivision
				  1 (§
										20005 et seq.), and its EPP. The
				  LEA/EA enforcement actions shall address the following categories of
				  violations:
(1) operational violations,
				  pursuant to 14 CCR Division 7, Chapter 3 and 3.1, 27 CCR, Division 2,
				  Subdivision
				  1 (§
											20005 et seq.), and Division 30 of
				  the Public Resources Code;
(2)
				  emergency violations, pursuant to subsection (1) above which present an
				  imminent threat to public health and safety, or the environment an require
				  immediate action pursuant to Part 5, Division 30 or the Public Resources
				  Code;
(3) permit violations,
				  pursuant to Public Resources Code Division 30 Part 4, Chapter 3 and 14 CCR
				  Division 7, Chapter 5, and 27 CCR, Division 2, Subdivision
				  1 (§
											20005 et seq.);
(4) closure and postclosure violations,
				  pursuant to Public Resources Code Division 30, Part 4, Chapter 2, Articles 3
				  and 4, Part 5, and 27 CCR, Division 2, Subdivision
				  1 (§
											20005 et
				  seq.);
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 2.3 - Board Actions over LEAs › Section 18085 - Ground for Board Actions over LEAs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An LEA's failure to fulfill one or more of the following
					 responsibilities and /or obligations under Public Resources Code Division 30,
					 Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management
					 Act") and/or these implementing regulations shall constitute sufficient
					 ground(s) for any of the board actions set forth in
					 14 CCR
					 18086, including but not limited to:
(a) Failure of the LEA to comply with one or
				  more of the Performance Standards referenced in Public Resources Code Section
				  43214
				  and/or its implementing regulation,
				  14 CCR
				  18081, including but not limited to:
(1) Failure of the LEA to maintain compliance
				  with the certification requirements referenced in
				  14 CCR
				  18072-75, including but not limited to
				  technical expertise, adequacy of staff resources, adequacy of budget resources,
				  and training;
(2) Failure of the
				  LEA to enforce facility compliance with one or more of the state minimum
				  standards at solid waste facilities within the jurisdiction of the LEA, as
				  referenced in Public Resources Code Section
				  43214(c);
(3) Failure of the LEA to maintain compliance
				  with and/or implement one or more of the components of the LEA's Enforcement
				  Program Plan, as referenced in
				  14 CCR
				  18077; and
(4) Failure of the LEA to perform all
				  applicable duties related to the California Environmental Quality Control
				  Act.
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 2.3 - Board Actions over LEAs › Section 18086 - Types of Board Actions over LEAs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Board finds that an LEA is not fulfilling one or
					 more of its responsibilities and/or obligations under Public Resources Code
					 Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the
					 Waste Management Act") and/or these implementing regulations, then the Board,
					 in accordance with Public Resources Code Section
					 43215
					 and
					 43216.5,
					 may take one or more of the following actions:
(a) Assume responsibility for specified LEA
				  duties by partially or fully decertifying an LEA, either permanently or through
				  a temporary suspension. Such an assumption of responsibility shall only extend
				  to the LEA duties so specified by the board. The board may charge for
				  operations pursuant to PRC 43212(a) while performing enforcement agency
				  duties.
(b) Conduct more frequent
				  inspections and evaluations within an LEA's jurisdiction.
(c) Establish a schedule and probationary
				  period for improved performance by an LEA, and/or call for the submission of an
				  evaluation workplan.
(d) Withdrawal
				  of the Board's approval of the local governing body's designation of the
				  LEA.
(e) Implement any other
				  measures which may be determined by the Board to be necessary to improve LEA
				  compliance.
1. New
					 section filed 7-25-2002; operative 8-24-2002 (Register 2002, No.
					 30).
Note: Authority cited: Sections
						40502,
						43020,
						43200,
						43214,
						43215
						and
						43216.5,
						Public Resources Code. Reference: Sections
						40500-
						40510
						and
						43200-
						43219,
						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 2.3 - Board Actions over LEAs › Section 18087 - Process for Board Actions over LEAs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notice: Notice of the hearing shall be
				  sent by first-class mail and deposited in the mail at least thirty (30) days
				  prior to the hearing. The notice shall be sent to the LEA's most current
				  address as specified in the completed Form CIWMB 1000 "Notice of Designation of
				  Local Agency" currently on file with the Board. If written notice has been
				  provided the Board that the LEA is represented by an attorney in the
				  proceeding, the notice of the hearing shall additionally be mailed to such
				  attorney.
(b) Public Hearing: The
				  hearing shall be open to the public. The Chair or other presiding officer may
				  provide an opportunity during the hearing for nonevidentiary public comment
				  relevant to the matter being heard by the Board. The Chair or other presiding
				  officer may impose reasonable limitations on the number of public speakers
				  commenting, and on the nature and length of the comment period.
(c) Admission of Evidence: A party shall be
				  afforded the opportunity to present evidence and testimony on all relevant
				  issues. Any relevant evidence shall be admitted if it is the sort of evidence
				  on which responsible persons are accustomed to rely in the conduct of serious
				  affairs, regardless of the existence of any common law or statutory rule which
				  might make improper the admission of the evidence over objection in civil
				  actions.
(d) Final Action by the
				  Board: The Board's decision will consider the severity of the deviation(s) as
				  related to the potential negative impacts on public health, safety or the
				  environment. The Board will announce its decision at the conclusion of the
				  hearing. A written decision will be prepared thereafter, which shall include a
				  statement of the factual and legal basis of the decision. A copy of the written
				  decision shall be sent to the LEA in the same manner as set forth in subsection
				  (a), above, within ten (10) days of the conclusion of the hearing.
1. New
					 section filed 7-25-2002; operative 8-24-2002 (Register 2002, No.
					 30).
Note: Authority cited: Sections
						40502,
						43020,
						43200,
						43214,
						43215
						and
						43216.5,
						Public Resources Code. Reference: Sections
						40500-
						40510
						and
						43200-
						43219,
						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 2.3 - Board Actions over LEAs › Section 18088 - Board Acting as Enforcement Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board, when acting as the enforcement agency, may enter
					 into agreements or contracts as its discretion with any certified local
					 enforcement agency for the purpose of delegating its enforcement agency duties
					 within any jurisdiction until a local agency is designated, approved and
					 certified by the Board.
1. New
					 section filed 7-25-2002; operative 8-24-2002 (Register 2002, No.
					 30).
Note: Authority cited: Sections
						40502,
						43020
						and
						43200,
						Public Resources Code. Reference: Sections
						43216
						and
						43216.5,
						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 2.3 - LEA Grants › Section 18090.0 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the LEA Grant Program is to provide grants
					 to LEAs to carry out the solid waste facilities permit and inspection
					 program.
1. New
					 article 2.3 (sections
					 18090.0-18094.0) and section filed
					 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						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 2.3 - LEA Grants › Section 18090.1 - Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grants shall be awarded only to LEAs and regional LEAs that
					 are certified pursuant to Article 2.1 of this Chapter. Eligibility for a grant
					 is dependent on Board approval of final accountings for previously awarded LEA
					 Grants.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.