California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #26June 30, 1995

Excavation Permit

To All Local Enforcement Agencies:

LEA's have been advised to issue permits for excavations of solid waste or to list such activity as a permitted use based on the assumption that disturbance of waste was tantamount to an active landfilling activity.  Excavation takes place at active landfills to make room for new waste, to redesign cells, or for corrective reasons. Where excavation has been undertaken at a closed site, or a CIA site, where no current permit exists, this same principle of requiring a permit for such activity has been applied.

There is also the perception that protection of health, safety, and the environment can only be achieved through the issuance of a Solid Waste Facilities Permit (permit).

This has led to questions from operators, LEA's and permits branch staff alike concerning imposing a permit on an activity NOT associated with active landfilling, and where other orders, plans and local permits are already controlling the project necessitating the excavation.  No separate permit for excavating a landfill should be issued.

Active permitted landfills, should include new excavation activities in the permit.  The permit should be modified or revised, or the RDSI can be amended, whichever is appropriate.

In landfills which are certified closed under current requirements, excavation shall be regulated by the closure and postclosure maintenance plan or an approved postclosure land use plan.

CIA landfills, and landfills closed prior to the adoption of the current regulations, that are excavating waste (for remedial action, clean closure, etc.), should regulate excavation by a noticed or stipulated order, contract and/or approved workplan or other document/mechanism containing the specifications for the work to be done.

If you have any questions or need additional information, please contact your Permits Branch representative.

Sincerely,

Original signed by:

Doug Okumura
Deputy Director
Permitting and Enforcement Division

Publication #232-95-009

The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.

Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.

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