California Department of Resources Recycling and Recovery (CalRecycle) 

LEA Advisory #38—March 17, 1997

LEA Enforcement Advisory/Board Enforcement Policy

To All Local Enforcement Agencies:

California Integrated Waste Management Board (Board) staff, in collaboration with LEA representatives, have developed an Enforcement Advisory for use by LEAs and the Board. The enclosed advisory contains detailed descriptions and instructive interpretation of the various enforcement options available to remedy violations at solid waste facilities. The document covers everything from operator notification of violations to Notice and Order development to the complex Administrative Civil Penalties (ACP) process. Parts of this advisory, particularly the section on ACPs, will be the basis for the development of regulations to incorporate changes brought about by AB 59 and provide clarity to the enforcement process. Also included in this advisory is a section on Board assistance as well as guidance on case development in preparing for formal enforcement actions. This advisory will be used extensively in the Board's future training efforts for LEAs.

This advisory is part of a larger concerted effort by the Board and LEAs, embodied in the Board's Enforcement Policy initiative, to provide training, assistance and guidance on inspection and enforcement topics, clarify the Board's state oversight role of LEA enforcement programs, and bring facilities with chronic violations into compliance. The Enforcement Policy, the Enforcement Advisory and the Board's State Oversight Role procedures were all approved by the Board at their February 26 meeting. In addition to the Enforcement Advisory, we have enclosed copies of the Enforcement Policy and the Board's State Oversight Role procedures in this package for your information. Board staff will be presenting an update on the progress of the Enforcement Policy initiative at the May Roundtables.

Board staff extends their thanks to Ken Calvert, Ernie Genter, Patti Henshaw and Paul Manasjan, who participated in the Enforcement Policy workgroup, as well as those who took the time and effort to comment on the draft version of the Enforcement Advisory late last year. If you have any questions regarding the enclosed materials, you may contact Georgianne Turner.

Sincerely,

Original signed by:

Deputy Director
Permitting and Enforcement Division

Attachment 1: Enforcement Advisory
Attachment 2: CIWMB Enforcement Policy
Attachment 3: CIWMB Oversight Role and Procedures

Publication #232-97-008

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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Please note: These LEA advisories are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

LEA Advisories, http://www.calrecycle.ca.gov/LEA/Advisories/
Martin Perez: Martin Perez (916) 323-0834