Local Enforcement Agency Correspondence

New Law Effecting Notice & Orders Issued Against Closed, Illegal and Abandoned Solid Waste Disposal Sites

Date: January 9, 2003

To: All Local Enforcement Agencies

This all LEA e-mail was sent on behalf of Steve Levine, Staff Counsel for the California Integrated Waste Management Board (CIWMB) and the LEA Support Services Branch.

The following e-mail from the CIWMB’s legal office provides information on a new law effecting notice & orders issued against closed, illegal and abandoned solid waste disposal sites.

Please be advised that effective January 1, 2003, the Legislature enacted PRC Sec. 48023.5, which provides the CIWMB with the authority to place liens upon any solid waste disposal site properties remediated with CIWMB funds. Such sites are typically closed, illegal or abandoned sites referred to the CIWMB because the responsible party is unable or unwilling to pay for a timely remediation. Thus in order to assure due process, effective immediately, all Notices and Orders issued against such sites should provide notice that a failure to comply may result in the CIWMB's imposition of a lien on the property.

The following is a sample provision taken from the Notice & Order template utilized by the CIWMB in jurisdictions in which it acts as the LEA:

"Failure to remedy the aforementioned violation(s) by the required date(s) may result in the California Integrated Waste Management Board (CIWMB) expending available funds to perform any cleanup, abatement, or remedial work needed to protect public health and safety or the environment pursuant to PRC section 48020. 

If the CIWMB expends funds to perform any cleanup, abatement, or remedial work, the CIWMB may seek repayment from responsible parties pursuant to PRC 48020 et seq. Moreover, funds so expended by the CIWMB constitute a lien upon the real property owned by any responsible party that is subject to the remedial action, pursuant to PRC Section 48023.5."

Please assure that a similar provision is incorporated into all Notices and Orders issued against closed, illegal or abandoned sites in your jurisdiction. Moreover, there may be circumstances where this provision would also be applicable in Notices and Orders issued against other sites, if the site is a potential candidate for a CIWMB-funded remediation.

Thank you,
Melissa Hoover-Hartwick
LEA Support Services
(916) 341-6813

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