Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 2.2. LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities
Section 18080. Scope.
This Article, pursuant to Public Resources Code Section 43214, sets forth the LEA's duties and responsibilities, performance standards, certification maintenance requirements, and board evaluation of LEAs.
Section 18081. LEA Performance Standards and Evaluation Criteria.
(a) In performing its permitting, closure and postclosure, inspection, and enforcement functions, the LEA shall meet its duty requirements and comply with the standards pursuant to Public Resources Code Division 30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.) and its EPP. Deviation from these standards may result in a performance review by the Department pursuant to Public Resources Code Sections 43214, 43215 and 43219, including establishment of LEA compliance schedules or withdrawal of designation and certification(s) approvals. the Department's evaluation and decisions will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment.
(b) The LEA shall be assessed for compliance with the certification requirements pursuant to Article 2.1 and 2.2 of this Chapter, Public Resources Code Section 43209, and its board approved EPP.
(c) All facilities and disposal sites within the LEA's jurisdiction shall:
(1) be in compliance with the state minimum standards and either the terms and conditions of the solid waste facility permits, the Department-approved final closure and postclosure maintenance plans, have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900, or have ceased operation prior to January 1, 1988; and
(2) be permitted, exempted, governed by board-approved final closure and postclosure maintenance plans, or have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900; or
(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.
(d) All operations within the LEA's jurisdiction shall:
(1) be in compliance with the state minimum standards, as applicable; and
(2) meet notification requirements as applicable; or
(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.
(e) All LEAs shall retain their certification(s) and designation approvals by maintaining compliance with their board-approved EPP and this Chapter.
(1) The LEA shall provide for, obtain, and maintain the necessary technical, safety and regulatory equipment, clothing and vehicles for field inspectors. The LEA shall identify in its board-approved EPP what constitutes "necessary" for staff safety and field monitoring, measurement, inspection, and enforcement requirements for all its solid waste enforcement duties and responsibilities and its certification(s).
(2) When in the jurisdiction of the EA there exists a publicly owned or operated solid waste facility or disposal site, the local governing body shall maintain an independent hearing panel or hearing officer for permit, enforcement and appeal purposes, as per Section 18060 of this Chapter and Sections 44308 through 44310 of the Public Resources Code.
(3) The LEA/EA shall provide for technical review of corrective actions and postclosure land use pursuant to Sections 43500-43510 and 45000 of the Public Resources Code.
(4) The components of the EPP shall be reviewed and amended by the LEA annually or more frequently as determined by the Department to reflect any changes. The amended components shall be submitted to the Department for approval.
(f) The LEA/EA shall perform all applicable duties related to the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq.
Section 18082. LEA Duties and Responsibilities for Permitting and Closure or Postclosure.
(a) The LEA/EA shall implement the solid waste facility permitting regulations pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7, Chapter 5, 27 CCR Division 2, Subdivision 1 (§20005 et seq.), and its EPP, where applicable, as follows:
(A) verify the submission of required documents, site and personnel information, and fees;
(B) evaluate the application documents for accuracy and conformity to the EPP and the appropriate state standards cited in subsection (a) of this Section;
(C) review for short and long term environmental impacts, damage, and proposed mitigation measures;
(D) decide whether or not to accept the application and proceed with a proposed permit for board approval;
(E) initiate appropriate public notice and comment period; and
(F) submit copies of the above documents, notices, comments and responses to the Department.
(2) proposed permits:
(A) prepare permits with specific conditions for design, operation, and adverse environmental effect, monitoring and mitigation;
(B) submit proposed permits to the Department and the applicant;
(C) allow a waiting period for review, concurrence, or objection by the Department, and modification by the LEA as required;
(D) issue or deny the issuance of the solid waste facilities permit, upon satisfactory conclusion of the above process; and
(E) the LEA/EA shall act upon applications and plans to generate a proposed solid waste facilities permit within the required regulatory and/or statutory time frames.
(3) closure and postclosure:
(A) pursuant to Public Resources Code Division 30 Parts 4 and 5 and 27 CCR Division 2, Subdivision 1 (§20005 et seq.), and the EPP, the LEA/EA shall require any person owning or operating a solid waste landfill to submit for LEA/EA and board approval the following:
- plans for the landfill closure and postclosure maintenance;
- estimates of closure and postclosure maintenance costs; and
- evidence of financial mechanisms to ensure adequate availability of funds.
Section 18083. LEA Duties and Responsibilities for Inspections.
(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, solid waste facilities, operations and disposal sites and equipment to verify compliance with the state minimum standards, solid waste facilities permits, and related state solid waste laws and regulations within their purview for the protection of the environment and the public health. The LEA shall perform these inspections and related duties as required below, and forward inspection reports to the operator, and/or owner, and the Department within 30 days of the inspection:
(1) Weekly, for sites operating on performance standards pursuant to 27 CCR Section 20695;
(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, pending abatement by enforcement action(s);
(3) at the frequency required by the state minimum standards for each type of operation specified in 14 CCR Sections 17383.9., 17403.5., and 17896.9. All other operations regulated under the EA Notification tier shall be inspected by the EA at least once every three (3) months unless the EA approves, with Department concurrence, a reduced inspection frequency. The EA may approve a reduced inspection frequency only if it will not pose an additional risk to public health and safety or the environment, and in no case shall the inspection frequency be less than once per calendar year. The EA shall submit a copy of the EA-proposed approval to the Department. The Department shall concur in the EA-proposed approval only if it finds that the reduced inspection frequency will not pose an additional risk to public health and safety or the environment in light of the specific circumstances at the operation in question. The Department shall concur or deny the EA-proposed approval within thirty (30) days from receipt.
(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 CCR Section 21565. For closed sites, inspections shall be made until no potential threat exists to public health and safety or the environment. This determination shall be subject to Department approval. For the purposes of this subsection, the enumeration, and the workload analysis, a closed site means a site that has ceased accepting waste and, should be closed, is undergoing closure, or has met applicable closure requirements;
(A) the Department may approve an alternate inspection frequency for these sites where such an action will not result in adverse impact on public health and safety and the environment.
(5) if an LEA has been designated as the EA for waste tire facilities or entered into an agreement with the Department through a grant program to inspect tire facilities, major waste tire facilities shall be inspected annually, minor waste tire facilities shall be inspected at least once every two and a half years pursuant to 14 CCR Section 18443;
(6) upon receipt of a complaint or emergency notification which cannot be resolved off-site;
(7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit application, revision, review, RFI amendment, or closure/postclosure plan; and
(8) pursuant to the EPP, for solid waste handling and collection equipment.
(b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any of the above inspections, whenever possible, without prior notice to the owner or operator, on randomly selected days, during normal business hours or the site's operating hours.
Section 18084. LEA Duties and Responsibilities for Enforcement.
(a) If during an inspection, investigation, or at any other time, the LEA/EA finds a solid waste facility, operation, or disposal site, is in violation of state standards, the terms and condition of a permit, or any related state solid waste laws or regulations within their purview, the LEA/EA shall enforce the applicable provisions as required by PRC Division 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP. The LEA/EA enforcement actions shall address the following categories of violations:
(1) operational violations pursuant to 14 CCR Division 7, Chapter 3 and 3.1, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.) and Division 30 of the Public Resources Code;
(2) emergency violations, pursuant to subsection (1) above which present and imminent threat to public health and safety, or the environment and require immediate action pursuant to Part 5, Division 30 or the Public Resources Code;
(3) permit violations, pursuant to Public Resources Code Division 30, Part 4, Chapter 3 and 14 CCR, Division 7, Chapter 5, and 27 CCR Division 2, Subdivision 1 (§ 20005 et seq.);
(4) closure and postclosure violations, pursuant to Public Resources Code Division 30, Part 4, Chapter 2, Articles 3 and 4, Part 5, and 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.);
(b) LEA/EA enforcement action options include, but are not limited to 14 CCR Division 7 Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.), and Public Resources Code Division 30 Parts 4 and 5.
(c) If in the course of an enforcement action, the LEA/EA deems legal counsel to be necessary to achieve enforcement, compliance, relief, or the assessment of monetary penalties through the courts, the LEA/EA shall utilize legal counsel which will be prepared to initiate legal proceedings within 30 days of notification.
(d) If the LEA fails to take appropriate enforcement action to cause an operator to correct violations, or to abate an imminent threat to public health and safety or the environment, the Department may take appropriate enforcement action pursuant to PRC sections 45012, 43216.5, and CCR Title 14 section 18350, and also investigate the LEA's designation and/or certification pursuant to PRC section 43214. the Department shall apply the following two general criteria to determine if the LEA is taking appropriate enforcement action:
(1) Criterion 1: If the operator is making timely progress toward compliance, then the LEA is taking appropriate action and criterion 2 need not be applied. If the operator is not making timely progress, then criterion 2 shall be applied. In determining whether or not the operator is making timely progress, the Department shall consider the following:
(A) The operator's success or lack thereof in accomplishing specific tasks within the timeframes specified in a compliance schedule, or a notice and order.
(B) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to comply, but a delay in compliance has been caused by extenuating circumstances outside the operator's and LEA's control. Examples of extenuating circumstances outside the operator's and LEA's control include acts of God such as inclement weather, earthquakes, etc. Information regarding reasonable deadline extensions due to delays in obtaining discretionary permits or other government agency approvals where the operator's actions or failure to act was not the cause of the delay may also be taken into consideration.
(C) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to correct a landfill gas migration violation, but the assessment of the extent of migration has revealed a problem of a much larger magnitude than originally anticipated, necessitating a larger control system that will take a correspondingly longer length of time to design and install.
(2) Criterion 2: If the LEA is increasing its enforcement response by taking additional action pursuant to its EPP and, if applicable, a previously issue N&O, then the LEA is considered to be taking appropriate action. If the LEA is not increasing its enforcement response by taking additional action, then the LEA is not considered to be taking appropriate action.