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Article 1
Definitions and General Provisions
Sections 18010-18020

Article 2
Designation of a Local Agency and the Appointment of Hearing Panels
Sections 18050-18060

Article 2.1
LEA Certification Requirements
Sections 18070-18078

Article 2.2
LEA Performance Standards, Evaluation Criteria, and Duties and Responsibilities
Sections 18080-18084

Article 2.3
Board Actions Over LEAs
Sections 18085-18088

Article 2.4
LEA Grants
Sections 18090.0-18094.0

Article 3.0
Regulatory Tier Requirements
Sections 18100-18105.11

Article 3.1
Application for Solid Waste Facilities Permits
Sections 18200-18217

Article 3.1.1
Temporary Solid Waste Facilities Permits
Sections 18218-18218.9

Article 3.2
Reports of Facility Information
Sections 18220-18227

Article 3.3
Repealed

Article 3.4
Repealed

Article 3.5
Repealed

Article 4
Enforcement by Enforcement Agency and Review by Board
Sections 18301-18313

Article 5
Enforcement by Board
Sections 18350-18355

Article 5.1
Inventory of Solid Waste Facilities That Violate State Minimum Standards
Sections 18360-18368

Article 6
Criteria, Priority and Administration of the Loan Guarantee Program Provided Pursuant to the Waste Disposal Site Hazard Reduction Act of 1987
Sections 18400-18413

Regulations: Title 14, Natural Resources--Division 7, CIWMB

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.

Note:

Authority Cited:
Sections 40502, 43020, 43200, and 43214 of the Public Resources Code.

Reference:
Sections 43209, 43214, 43215, 43216, and 43219 of the Public Resources Code.

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 board 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 board'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 board-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 board to reflect any changes. The amended components shall be submitted to the board 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.

Note:

Authority cited:
Sections 40502, 43020, 43200, 43203, and 43214 of the Public Resources Code.

Reference:
Sections 43200 through 43204, 43207, and 43209 of the Public Resources Code.

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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:

(1) applications:

(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 board.

(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 board and the applicant;

(C) allow a waiting period for review, concurrence, or objection by the board, 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:

1. plans for the landfill closure and postclosure maintenance;

2. estimates of closure and postclosure maintenance costs; and

3. evidence of financial mechanisms to ensure adequate availability of funds.

Note:

Authority Cited:
Sections 40502, 43020, 43200, and 43214 of the Public Resources Code.

Reference:
Sections 43200, 43209, 43500 through 43606, 44001 through 44017, 44300, and 44301 of the Public Resources Code.

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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 board 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 regulated under the EA Notification tier.

(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 board 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 board 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 board 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.

Note:

Authority cited:
Sections 40502, 43020, 43200, and 43214 of the Public Resources Code.

Reference:
Sections 43200, 43209, 43218, 44100, and 44101 of the Public Resources Code.

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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 board 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 board 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 board 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.

Note:

Authority cited:
Sections 40502, 43020, 43200, and 43214 of the Public Resources Code.

Reference:
Sections 43209, 43504, 44016, 44305, 44306, 44310, and 45000-45024 of the Public Resources Code.

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