California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 15 - Enforcement Oversight by the Department › Section 18996.2 - Department Enforcement Action over Jurisdictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall enforce this chapter
				  according to the following procedures:
(1)
				  Issue a Notice of Violation requiring compliance within 90 days of the date of
				  issuance of that notice. The Department shall grant an extension for up to a
				  total of 180 days from the date of issuance of the Notice of Violation if it
				  finds that additional time is necessary for the jurisdiction to
				  comply.
(2) The Department shall
				  extend the deadline for a jurisdiction to comply beyond the maximum compliance
				  deadline allowed in Subdivision (a)(1) by issuing a Corrective Action Plan
				  setting forth the actions a jurisdiction shall take to correct the
				  violation(s). A Corrective Action Plan shall be issued if the Department finds
				  that additional time is necessary for the jurisdiction to comply and the
				  jurisdiction has made a substantial effort to meet the maximum compliance
				  deadline but extenuating circumstances beyond the control of the jurisdiction
				  make compliance impracticable. The Department shall base its finding on
				  available evidence, including relevant evidence provided by the jurisdiction.
(A) If a jurisdiction is unable to comply
				  with the maximum compliance deadline allowed in Subdivision (a)(1) due to
				  deficiencies in organic waste recycling capacity infrastructure, the Department
				  shall issue a Corrective Action Plan for such violations upon making a finding
				  that:
1. Additional time is necessary for the
				  jurisdiction to comply; and
2. The
				  jurisdiction has provided organic waste collection service to all hauler routes
				  where it is practicable and the inability to comply with the maximum compliance
				  deadline in Subdivision (a)(1) is limited to only those hauler routes where
				  organic waste recycling capacity infrastructure deficiencies have caused the
				  provision of organic waste collection service to be impracticable.
3. The Department shall, if applicable,
				  consider implementation schedules, as described in Section
				  18992.1, for purposes of
				  developing a Corrective Action Plan but shall not be restricted in mandating
				  actions to remedy violation(s) and developing applicable compliance deadline(s)
				  to those provided in the Implementation Schedule.
(B) For the purposes of this section,
				  "substantial effort" means that a jurisdiction has taken all practicable
				  actions to comply. Substantial effort does not include circumstances where a
				  decision-making body of a jurisdiction has not taken the necessary steps to
				  comply with the chapter including, but not limited to, a failure to provide
				  adequate staff resources to meet its obligations under this chapter, a failure
				  to provide sufficient funding to ensure compliance, or failure to adopt the
				  ordinance(s) or similarly enforceable mechanisms under Section
				  18981.2.
(C) For the purposes of this section,
				  "extenuating circumstances" are:
1. Acts of
				  God, such as earthquakes, wildfires, mudslides, flooding, and other emergencies
				  or natural disasters.
2. Delays in
				  obtaining discretionary permits or other government agency approvals.
3. An organic waste recycling infrastructure
				  capacity deficiency requiring more than 180 days to
				  cure.
(3) A
				  Corrective Action Plan shall be issued by the Department with a maximum
				  compliance deadline no more than 24 months from the date of the original Notice
				  of Violation and shall include a description of each action the jurisdiction
				  shall take to remedy the violation(s) and the applicable compliance deadline(s)
				  for each action. The Corrective Action Plan shall describe the penalties that
				  may be imposed if a jurisdiction fails to comply.
(A) An initial Corrective Action Plan issued
				  due to inadequate organic waste recycling infrastructure capacity may be
				  extended for a period of up to 12 months if the department finds that the
				  jurisdiction has demonstrated substantial effort.