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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.
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.
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.
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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