California Department of Resources Recycling and Recovery (CalRecycle)

Program Responsibilities

Delegation Order: Delegation of Authority

I, Caroll Mortensen, am the Director of the Department of Resources Recycling and Recovery (CalRecycle). As Director of CalRecycle, I am empowered to take and approve a number of actions.

As further detailed below, I hereby delegate the identified decisions to the staff holding the specified CalRecycle positions.

With regard to Procurement, Contracts, Grants, Payment Programs and Loans:

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

  • Execute all necessary agreements.

The Deputy Directors for the appropriate Department 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

With regard to Solid Waste and Waste Tire Permitting and Local Enforcement Agency Support (LEA or EA), and Beverage Container Recycling:

The Deputy Director for the Permits & Certification 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
  • 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 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
  • 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 Post-Closure Maintenance Plans (including postclosure land uses)
  • 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

The Branch Manager for the Certification & Registration Branch may take action on the following:

  • Notice to Beverage Manufacturer and Distributor (BM/DS0 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

With regard to Financial Assurances:

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

With regard to Waste Evaluation and Enforcement and Recycling Enforcement:

The Deputy Director for the Compliance & Enforcement 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
  • Tire hauler 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, suspend, or deny a waste tire permit
  • To temporarily suspend a waste tire permit
  • To deny an application for waste tire hauler registration

The Branch Chief for the Recycling 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:
  • Findings/demand letters for civil penalties or restitution. Delegated to Investigations Manager and Quality Control Supervisor
  • Notices of Noncompliance and Notices of Violations (fines) for inspection violations. Delegated to Inspections Supervisor.
  • Approval or denial of Authorizations to Cancel. Delegated to Investigations Supervisor.
  • Notice to participants of Prepayment Controls Status. Delegated to Investigations Supervisor.
  • Approve legal accusations associated with investigation and/or inspection cases submitted to CalRecycle Legal Office for review/approval

With regard to activities performed in jurisdictions where CalRecycle is acting as the Enforcement Agency:

The Deputy Director for the Compliance & Enforcement 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

With regard to Disaster Response and Emergency Management:

The Deputy Director for the Compliance & Enforcement 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.

With regard to Cleanup and Closure:

The Deputy Director for the Compliance & Enforcement Division may take action on the following:

  • CEQA Compliance for Solid Waste Cleanup Program Board-managed Projects
  • Landfill Closure Loan Program Award
  • Solid Waste Disposal And Codisposal Site Cleanup Program Board-managed Project Approval
  • Solid Waste Disposal And Codisposal Site Cleanup Program Grant Extensions
  • Authorize, Sign and Issue Administrative Notices and Orders, Corrective Action, Other Enforcement and Compliance Actions

With regard to Used Oil:

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

With regard to the RMDZ program:

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

  • RMDZ Zone Expansions
  • RMDZ Loan Program Eligibility Criteria
  • RMDZ and Tire Loan Awards, Modifications (including workouts), Funding Commitment Letters, Transmittal of Loan Documents, Payment 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)

With regard to Jurisdiction and State Agency Program/Plan Reviews:

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)

With regard to Audits of payers or recipients of monies received or distributed pursuant to any provision of law administered by CalRecycle:

The Deputy Director for the Audits & Data Analysis Division 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

With regard to rate calculations and statistical reporting:

The Deputy Director for Audits & Data Analysis 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

With regard to Informal Administrative Hearings:

The following Deputy Directors and Branch Chiefs: Mark Leary, Howard Levenson, Tom Estes, Jason Marshall, Lorraine Van Kekerix, John Halligan, Scott Walker, Scott Limpach, Kent Harris, Mark De Bie, Shirley Willd-Wagner, Brenda Smyth, Cara Morgan, Lisa Macumber, and Alicia McGee, and all Staff Counsel employed by CalRecycle are granted concurrent authority to act on 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 to revoke, suspend, deny, temporarily suspend a Waste Tire Facility Permit
  • To conduct informal hearings to hear an appeal of a denial of an application for Waste Tire Hauler Registration
  • 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

With regard to Final Decisions made after Informal Administrative Hearings:

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.

With regard to Issuance of Subpoenas pursuant to Government Code sections 11181 and 11182:

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.

With regard to Regulations:

The Chief Counsel and the Deputy Directors for the appropriate Department 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 Services Division may:

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

With regard to Administrative and Civil Litigation Settlements:

The Deputy Directors 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.

This delegation shall be effective until revoked in writing and supersedes any pervious delegations for CalRecycle.

In witness of this delegation I hereby affix my signature to this delegation order.

Original Signed: November 2, 2011
By: Caroll Mortensen
Copy of Signed Delegation (Adobe PDF, 2.1 MB)

Last updated: November 2, 2011
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