California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal › Article 3.5 - Temporary Waiver of Terms › Section 17211.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions set forth in Section
					 17210.1 of Article 3, of this
					 Chapter, the following definitions apply to this Article 3.5:
(a) "Stipulated agreement" means an
				  enforceable document written by the EA, pursuant to Division 30, Public
				  Resources Code, Section
				  45011(a),
				  that provides a temporary waiver of specified terms and conditions of a solid
				  waste facilities permit issued to an operator pursuant to this Division. The
				  stipulated agreement is subject to appeal through the appeal process set out in
				  Division 30, Public Resources Code, Parts 5 and 6.
(b) "Temporary emergency" means a temporary,
				  unforeseeable circumstance, which results in a situation where it is necessary,
				  in order to protect the public health and safety or the environment as
				  determined by the EA, to waive specified terms and conditions of a solid waste
				  facilities permit. "Temporary emergency" does not include competitive market
				  changes or a failure on the part of the operator, the EA or a local government
				  agency to plan for reasonably foreseeable future events. Further, because they
				  are not unforeseeable, circumstances resulting from a labor controversy arising
				  from issues at one or more solid waste facilities are not a "temporary
				  emergency" with respect to the facility or facilities at which the labor
				  controversy occurs.
1. New
					 section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001,
					 No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2002, No. 10).
3. New section filed 3-4-2002 as an
					 emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of
					 Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be
					 repealed by operation of law on the following day.
4. New section
					 refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25).
					 A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
5. New section refiled 10-24-2002 as an emergency; operative
					 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be
					 transmitted to OAL by 3-3-2003 or emergency language will be repealed by
					 operation of law on the following day.
6. Certificate of Compliance
					 as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003
					 (Register 2003, No. 14).
7. Amendment filed 2-28-2008; operative
					 3-29-2008 (Register 2008, No. 9).
Note: Authority cited: Section
						40502,
						Public Resources Code. Reference: Section
						45011(a) and
						Division 30, Parts 5 and 6, Public Resources
						Code.