Delegation Order: Delegation of Authority

The Deputy Director for the Administration, Finance, & Information Services Division may take action on the following:

• Execute all necessary agreements.

The Assistant Directors and the Deputy Directors for the appropriate Department Offices and Divisions may take action on the following:

• Scope of Work (SOW) and Contract Approval
• Reallocations of Contract Funding Within the Division
• Grant Criteria/Scoring Process
• Appeals of Criteria/Scoring process
• Grant Policy Decisions
• Grant Audit Appeals

The Branch Chief of the Branch administering a particular grant or contract may take the following action:

• At his or her sole discretion, refuse to provide funds to pay for unapproved work or costs, for any Grant Agreement or Contract which provides that if the grantee or contractor fails to obtain prior written approval for any changes or modifications to the Work Plan, approved project, or the Budget prior to performing the changed work or incurring the changed cost.

The Deputy Director for the Waste Permitting, Compliance, and Mitigation Division may take action on the following:

• New and Revised Solid Waste Facilities Permits
• Temporary Permits
• CEQA adoption or Certification, CEQA findings as lead and responsible agency for new and revised Solid Waste Facility Permits
• EA new, revised and standardized permits

The Branch Chief for the Permitting & Assistance Branch may take action on the following:

• Modified Solid Waste Facilities Permits
• CEQA adoption or Certification, CEQA findings as lead and responsible agency for Waste Tire Facility Permits and Modified Solid waste Facility Permits
• EA Registration permit
• EA Modified permit
• Issuance of Minor and Major Waste Tire Facility Permits
• Rejection of Minor and Major Waste Tire Facility Permit Applications
• Local Enforcement Agency (LEA) Asbestos Program Authorizations
• Research Demonstration & Development (RD&D) Permits
• Review all EA emergency waiver of standards approvals
• Condition, Limit, Suspend, or Terminate Emergency Waiver of Standards Due to Public Health and Safety, or Environment
• Condition, Limit, Suspend, or Terminate Emergency Waiver of Standards Due to Non-use of Identified Waste Diversion Programs
• Report on emergency waiver of standards
• Closure and Postclosure Maintenance Plans (including postclosure land uses)
• Closure Certification Reports
• Corrective Action Plans and cost estimates
• Landfill Gas Plans
• Landfill Gas Plan Extensions
• Subtitle D Regulation of Closure Alternatives
• Less than 20 tons/day Municipal Solid Waste Landfill alternatives (including cover and gas)
• Alternative Daily Cover Demonstration Projects and Final Report Approvals
• Approve Disposal of Waste Tires at Solid Waste Facilities pursuant to 14 CCR 17355

The Branch Chief for the Permitting & Assistance Branch may take action on the following:

• Financial Assurance and Operating Liability Mechanisms Approvals, Release Approvals, and Disbursement Approvals

The Deputy Director for the Waste Permitting, Compliance, and Mitigation Division may take action on the following:

• Place jurisdiction on compliance order
• Modifications to jurisdiction compliance order
• Jurisdiction penalty hearing
• State agency noncompliance notification
• Rigid plastic packaging container penalties
• Stipulated agreements on tire cases, rigid plastic packaging containers
• Hearing on LEA failure to take enforcement action at a site
• LEA decertification for failure to perform
• Compliance with PRC 50001
• Condition, Limit, Suspend, or Terminate Stipulated Agreement Orders Due to Public Health and Safety, or Environment

The Branch Chief for the Waste Evaluation & Enforcement Branch may take action on the following:

• Completion of jurisdiction compliance order
• Plastic trash bag recycled content exemption requests
• Plastic trash bag compliant and noncompliant lists
• To impose penalties for Newsprint certification violations
• Waste tire enforcement streamlined penalties
• LEA certification and designation
• Approval of extension of LEA-issued compliance schedule final compliance date beyond two years
• Authorize, sign and issue Administrative Notices and Orders, Corrective Action, or Other Compliance and Enforcement Actions
• To revoke or suspend a waste tire permit
• To temporarily suspend a waste tire permit
• To deny an application for waste tire hauler registration

The Deputy Director for the Waste Permitting, Compliance, and Mitigation Division may take action on the following:

• Clean Closures
• Closure and Postclosure Maintenance Plans (including postclosure land uses)
• Landfill Gas Plans
• Landfill Gas Plan Extensions
• Subtitle D Regulation of Closure Alternatives
• Authorize, sign and issue Administrative Notices and Orders, Corrective Action, or Other Compliance and Enforcement Actions
• Alternative Daily Cover Demonstration Projects and Final Report Approvals

The Deputy Director for the Waste Permitting, Compliance, and Mitigation Division may take action on the following:

• Enter into agreements with federal, state, or local entities for the obligation of funds, the allocation of staff resources, and related activities in response to proclaimed emergencies.

The Deputy Director for the Waste Permitting, Compliance, and Mitigation Division may take action on the following:

• CEQA Compliance for Solid Waste Cleanup Program's Department-Managed Projects
• Solid Waste and Tire Cleanup Program's Department-Managed Project Approval
• Solid Waste and Tire Cleanup Program's Grant Extensions
• Authorize, Sign and Issue Administrative Notices and Orders, Corrective Action, Other Enforcement and Compliance Actions

The Deputy Director for the Division of Recycling may take action on the following:

• New and renewed recycling processing, dropoff and collection programs certification [Processor (PR), Recycling Center (RC), Drop-off and Collection Program (CP) and Community Service Program (SP)]
• Termination of probationary certification of PR, RC, CP and SP
• Revocation of a permanent certification of PR, RC, CP and SP
• Issuance of Requirement to Submit Net Cost Reports

The Branch Chief for the Recycling Program Certification and Registration Branch may take action on the following:

• Notice to Beverage Manufacturer and Distributor (BM/DS) of California Redemption Value (CRV) and Processing Fee (PF) rate changes and updates
• Approval or denial of BM/DS to report and pay CRV and or PF annually instead of monthly

The Branch Chief for the Recycling Program Enforcement Branch may take action on the following:

• To deny payment of Quality Incentive Payments to recyclers based upon past history of noncompliance and/or enforcement action
• Approve submission of recommendations to the CalRecycle Legal Office and/or Beverage Container Recycling Certification & Registration Branch for revocation, termination and suspension of program certification/registration, or extension of probationary status of program certification/registration, based upon documented past history of noncompliance, prior enforcement and/or administrative action.
• Authorize, sign and issue notices to program participants regarding enforcement and compliance actions, including:
  • Approval of Extension of Probationary Status of Program Certification/Registration, which is further delegated to the Review and Remedy Supervisor.
  • Findings/demand letters for civil penalties or restitution, which is further delegated to the Investigations Manager and Review and Remedy Supervisor
  • Notices of Noncompliance and Notices of Violations (fines) for inspection violations, which is further delegated to the Inspections Supervisor.
  • Approval or denial of Authorizations to Cancel, which is further delegated to the Inspections Supervisor.
  • Notice to participants of Prepayment Controls Status, which is further delegated to the Investigations and Review and Remedy Supervisor.
• Authorize and sign legal accusations associated with investigation, inspection, and probationary review cases developed in the Recycling Program Enforcement Branch and submitted to CalRecycle Legal Office for review/approval.

The Deputy Director for the Materials Management & Local Assistance Division may take action on the following:

• Cancel used oil center certification
• Deny used oil center certification
• Hear appeal of used oil incentive claim denial
• Impose penalty for used oil center reporting or fraud violation

The Deputy Director for the Materials Management & Local Assistance Division may take action on the following:

• RMDZ Zone Expansions
• RMDZ Loan Program Eligibility Criteria
• Appoint and Reappoint memvers of the Department's RMDZ Loan Committee

The Branch Chief for the Financial Resources Management Branch may take action on the following:

• RMDZ and Tire Loan Awards, Modifications (including workouts), Funding Commitment Letters, Transmittal of Loan Documents, Pasyment Demands, Disposition of Collateral, and related actions

The Branch Chief for the Local Assistance & Market Development Branch may take action on the following:

• Zone Designation and Redesignation Cycle (including Initiation and Approval of Cycles, Approval of Individual Designations/Redesignations)

The Deputy Director for the Materials Management & Local Assistance Division may take action on the following:

• Regional Agency Formations/Additions/Removals
• State Agency Biennial Review
• Biennial Reviews for Source Reduction and Recycling Elements (SRRE) and Household Hazardous Waste Elements (HHWE)
• To approve a new petition, revise or revoke a Petition for Reduction in diversion requirements (18794.5), handled in conjunction with Biennial or Quadrennial reviews
• To revise or revoke Petition for Reduction in diversion requirements

The Branch Chief for the Local Assistance & Market Development Branch may take action on the following:

• New Base Year and Waste Generation Studies
• Extensions for Newly Incorporated Cities
• NDFE, SRRE, HHWE Amendments
• 5-Year Reviews
• Countywide IWMPs
• Countywide Siting Element Amendments
• Planning Document approvals for new cities or cities leaving a regional agency
• Waste Reduction Awards Program (WRAP)

The Branch Chief for the EWaste Branch may take action on the following:

• Negotiation and authorization of stipulated/settlement agreements with various program participants regarding appeals of denied or adjusted recycling payment claims as long as the amount of payment is less than $1,000,000.
• Request Annual Net Cost Reports from Collectors and Recyclers

The Chief Deputy Director may take action on the following:

• Develop and approve audit plans, including goals documentation, risk management strategies and policies, and out-of-state audits (not including necessary out-of-state travel approvals)
• Approve audit findings and demand letters
• Approve penalty and interest calculations
• Approve or deny payment plan proposals

The Deputy Director for the Policy Development and Analysis Office may take action on the following:

• Approve calculation results for any of the various rates and calculations performed by, or under contract for, CalRecycle's Audits and Data Analysis Division
• Approve transmittal/communication to the public of any rates, calculations, or projections prepared by CalRecycle's Audits and Data Analysis Division, subject to applicable CalRecycle policies for Public Affairs Office review and approval

The following Assistant and Deputy Directors and Branch Chiefs: Ken DaRosa, Howard Levenson, Jose Ortiz, Scott Smithline, Tom Estes, Lorraine Van Kekerix, John Halligan, Mark De Bie, Shirley Willd-Wagner, Brenda Smyth, Cara Morgan, and all Staff Counsel employed by CalRecycle are granted concurrent authority to act on and issue final decisions for the following:

• Hear appeals taken from certification decisions
• To determine probable cause that a supermarket site has engaged in unfair and predatory pricing and to conduct informal hearings
• To conduct informal hearings regarding appeals of Enforcement Agency actions where the CalRecycle is the Enforcement Agency
• To conduct informal hearings to place a jurisdiction on a Compliance Order for failure to comply with the Diversion Requirements and to impose penalties on a jurisdiction for failure to implement a Compliance Order
• To conduct informal hearings to impose penalties for failure to comply with the Rigid Plastic Packaging Container Law
• To conduct informal hearings to impose penalties for failure to comply with the Newsprint Certification Law
• To conduct informal hearings to fully or partially decertify Local Enforcement Agencies
• To conduct informal hearings regardingWaste Tire Facilities and Waste Tire Haulers
• To conduct informal hearings to approve, revise or revoke a Petition for Reduction in Diversion Requirements
• To conduct informal hearings to approve or disapprove Countywide Integrated Waste Management Plans
• To conduct informal hearings on Biennial Reviews of Source Reduction and Recycling Elements and Household Hazardous Waste Elements
• To conduct informal hearings to Electronic Waste Appeals of Claim Adjustments and Revocations
• To conduct hearings for appeals pursuant to Public Resources Code section 45030

Authority is granted as follows:

The Deputy Directors may adopt the final decision for hearings concerning requirements within the responsibilities of their respective Divisions, except that the final decision on following matters shall be adopted by the Director:

• Matters involving monetary claims of more than $1,000,000;
• Matters involving significant and/or controversial interpretations or applications of the Department’s statutes, regulations or policies; and,
• Matters involving penalties of more than $1,000,000.

All staff counsel employed by CalRecycle, who are licensed to practice law, are authorized to issue subpoenas for the attendance of witnesses and the production of documents relating to any investigation, hearing or other inquiry with the jurisdiction of CalRecycle.

The Chief Counsel and the Assistant and Deputy Directors for the appropriate Department Offices and Divisions may:

• Sign the Form 400 for submission of proposed regulations for approval

The Chief Counsel and the Deputy Director for the Administration, Finance & Information Technology Services Division may:

• Sign the Form 399 for the Economic Analysis of proposed regulations

The Assistant and Deputy Directors for the appropriate Department Offices and Divisions may negotiate and authorize stipulated/settlement agreements with various program participants for payment of restitution, civil penalties, and/or interest associated with Investigation or Inspection, as long as the amount of the payment is $1,000,000 or less, and the amount of reduction in the payment for the purposes of settlement is $1,000,000 or less.