Compostable Materials

Enforcement

The protection of the public health and safety and the environment is CalRecycle's top priority. Generally, the best way to ensure an effective enforcement program is by pursuing compliance first through all available means before taking a formal enforcement action. Appropriate and timely responses to instances of noncompliance with state minimum standards (SMS), solid waste facility permit terms and conditions, and enforcement actions are necessary to ensure protection of public health and safety and the environment.

CalRecycle relies on certified local enforcement agencies (LEAs) to regulate the handling of compostable materials in their jurisdictions. CalRecycle is the enforcement agency (EA) in jurisdictions where there is no LEA.  The inspection form (DRRR Form 93: Fillable Adobe PDF, 667 KB) is a first step in assessing the operations at a site and implementing enforcement actions as necessary.

It should be noted that most of the enforcement related statutes apply to facilities and not to operations. There are five tiers of regulation for solid waste handling activities:

1. Excluded Solid Waste Handling
2. Enforcement Agency Notification
3. Registration Permit
4. Standardized Permit
5. Full Permit

The first two tiers are for “operations” and are of lesser regulatory concern and do not require a solid waste facility permit, while the latter three do. These are facilities. The tier in which an activity is slotted depends not only on the type of activity, but also the type and amount of solid waste being handled.

Operations are of lesser regulatory concern than facilities. The only enforcement statute that can be used for operations is Public Resources Code (PRC), Section 45023(c) which has a provision regarding violations of state minimum standards without a reference to "facility":

PRC 45023. Any person who (a) owns or operates a solid waste facility and who intentionally or negligently violates or causes or permits another to violate the terms and conditions of a solid waste facilities permit, (b) operates a solid waste facility without a solid waste facilities permit, or (c) intentionally or negligently violates any standard adopted by the board, is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day the violation or operation occurs.

The LEA/EA has the ability to write and enforce notice and orders to require compliance with state minimum standards and permitting requirements at solid waste operations and facilities. The notice and order (N&O) tool kit provides internet access to information and resources for writing a notice and order.

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