California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting

California Integrated Waste Management Board Response to Resolution

December 15, 2000

Mr. Michael Schmaeling, Chair, EAC
Solid Waste Local Enforcement Agency
Santa Barbara County Environmental Health Services
2125 S. Centerpointe Parkway, Room 333
Santa Maria, CA 93455

Dear Mr. Schmaeling:

Thank you for sending the Enforcement Advisory Council (EAC) Resolution 00-03 which was passed at the June 22, 2000 meeting.

RESOLUTION 00-03 The EAC requested clarification from the CIWMB Legal Office on the applicability of PRC 44002 and the language or sections that are currently effective.

Our Legal Office has responded to your request with the following attachments. There were differing opinions regarding PRC 44002 presented by two publishers of California codes - the West's Supplement 2000 and the Deering's Supplement 2000. The West's supplemental version states that only subsection (b) is inoperative as of January 1, 1999. The Deering's supplemental version states that the entire section, (a) and (b) is inoperative as of January 1, 1999. The West's Supplement 2000 is the correct version.

Existing law requires solid waste facilities operators to have solid waste facilities permits to operate. If a facility owner and/or operator does not have a permit, the enforcement agency must issue a cease and desist order to force the facility to cease operating. If a permitted solid waste facility has a change of ownership or change of operator, PRC 44005 (a) requires the new owner or operator to notify the enforcement agency and the board 45 days prior to the date of the anticipated transfer.

Thank you for the opportunity to review and comment on this EAC resolution. Should you have questions, please contact me at (916) 341-6360.


Original signed by

Julie Nauman
Deputy Director
Permitting and Enforcement Division


cc: Mel Knight, Chair, CCDEH Solid Waste Policy Committee
     CCDEH-SWPC Members
     EAC Members


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Last updated: February 7, 2005
Enforcement Advisory Council (EAC)
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