California Department of Resources Recycling and Recovery (CalRecycle) 

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 1. Definitions and General Provisions

Section 18010. Scope.

(a) This chapter is adopted pursuant to and for the purpose of implementing the California Integrated Solid Waste Management Act of 1989 (ACT) commencing with Section 40000 of the Public Resources Code (PRC), as it may be amended from time to time. These regulations should be read together with the Act.

(b) This Chapter implements those provisions of the Act relating to solid waste facilities and disposal sites, and application of minimum standards for solid waste handling and disposal (Chapter 3 of this Division, and 27 CCR Division 2, Subdivision 1 (20005 et seq.)) to such facilities. Nothing in this chapter is intended to limit the authority of the enforcement agency or the board to enforce the minimum standards as they apply to collection, storage, and removal of solid wastes pursuant to the provisions of Sections 43209 and 43300 of the Public Resources Code (PRC). Nothing in this Chapter is intended to limit the authority of the state or local health agencies.

Note:

Authority cited: (Sections 18010-18354, not consecutive): Sections 40502, 43020, 43200, and 43214, Public Resources Code.
Reference: Sections 43200 and 45601, Public Resources Code.


Section 18011. Definitions.

(a) Unless the context otherwise requires, the following definitions shall govern construction of this Chapter:

(1) "Abandoned site" means a site where there is no responsible party as determined by the local enforcement agency and the board.

(2) "Act" means the California Integrated Solid Waste Management Act of 1989.

(3) "Applicant" means the proposed operator of a facility.

(4) "Certified" means submitted and stated under oath, affirmation, or penalty of perjury.

(5) "Certification" means certification by the Board of an enforcement agency pursuant to Section 43200 of the Public Resources Code and Articles 2.1, and 2.2 of this Chapter.

(6) "Closed site" means a solid waste disposal site that has ceased accepting waste and has documentation that closure was conducted in accordance with applicable statutes, regulations, and local ordinances in effect at the time.

(7) "Decertification" means an action by the California Integrated Waste Management Board which withdraws, partially or fully, prior certification(s) issued to the enforcement agency. This action modifies the enforcement agency's authority within its jurisdiction.

(8) "Enactment" means a federal, state, regional, or local statute, ordinance, regulation, permit, or similar provision having the force of law.

(9) "Enforcement action" means an action of the enforcement agency or the board, taken pursuant to the act or this chapter, including, but not limited to issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order; to institute a proceeding to modify, suspend, or revoke a permit; to institute a judicial proceeding to obtain an injunction; or to institute a judicial action to obtain civil penalties.

(10) "Evaluation workplan" means a type of corrective action specified by the Board. The action requires the LEA to develop a schedule to address jurisdictional compliance issues identified during the LEA evaluation process. The evaluation workplan is subject to Board approval.

(11) "Facility" means a solid waste facility as defined in Public Resources Code Section 40194 or disposal site as defined in Public Resources Code Section 40122.

(12) "Facility operator" means the operating unit, and other person(s) who through a lease, franchise agreement or other arrangement with the owner of the property is granted the approval to operate a solid waste facility, disposal site, transfer or processing station, composting station, or solid waste handling system, or the owner of the property.

(13) "Illegal site" means a solid waste disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site.

(14) "Inactive site" means a site that is temporarily idle, for a specific period due to known circumstance and not part of the normal operation pattern contained in the solid waste facilities permit.

(15) "Local Agency" means a local public agency or department of a county or a city, a joint powers jurisdiction, or a special district.

(16) "Local Enforcement Agency" (LEA) means an enforcement agency with board certification(s) totally separate from the operating unit(s) of the local governing body. An LEA is a comprehensive solid waste management enforcement agency which performs permitting inspection and in enforcement duties for solid waste handling, and permitted, Closed, abandoned, exempt, illegal, and inactive facilities. An LEA is solely responsible for carrying out solid waste enforcement in its jurisdiction as defined in 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (20005 et seq.) and Division 30 of the Public Resources Code. Upon certification(s) the LEA shall have full power to execute the Act and the regulations adopted hereto.

(17) "Operating Unit" means a local agency within the jurisdiction of the designating local governing body that operates, causes to operate, or administers contracts or agreements for any portion of a facility or solid waste handling and disposal system.

(18) "Operation" means those activities governed by the EA notification tier requirements set forth in sections 18103-18103.3.

(19) "Owner of the property" means the person or persons owning the fee interest in the property and the person or persons owning any leasehold interest in the property.

(20) "Permit" means a solid waste facilities permit.

(21) "Property" means the real property on which a facility or disposal site, any part thereof, or any support structure exists or is proposed to exist, including any portion of such real property that is not occupied by the facility or any support structure but that is contained within the legal description of the land on which the facility is located as that description is set forth in the most recently recorded deed.

(22) "Regional LEA" means an enforcement agency certified by the Board pursuant to Article 2.1 of this Chapter, with permitting, inspection and enforcement duties within multiple counties.

(23) "Violation" means a lack of compliance with a particular standard, permit term or condition, or other applicable solid waste law or regulation. A violation may be indicated by the checking of a box in the violation column of an inspection report or by other written documentation. The documentation shall indicate the specific standard, permit term or condition, or other solid waste law or regulation not in compliance.

Note:

Authority cited: Sections 40502, 43020, 43200, 43214 and 43231, Public Resources Code.
Reference: Section 43200 through 45042, Public Resources Code.


Section 18012. Mailing and Delivery.

Except as otherwise provided in this chapter, any requirement of this chapter that a document be transmitted, delivered, provided, or sent to any person shall be satisfied in one of the following ways: by personal delivery to the person, by personal delivery to an address the person has given, or by first class United States mail, postage prepaid, to an address the person has given.

Note:

Authority cited: Sections 40502, 43020, 43200, and 43214, Public Resources Code.
Reference: Section 43200 through 45601, Public Resources Code.


Section 18013. Repealed.


Section 18020. Maintenance of Files.

(a) Every enforcement agency shall maintain a file on each disposal site and facility within its jurisdiction. These files shall include all solid waste facilities that have been granted a permit or that are or have been the subject of an application for a permit. The file on each facility or site shall contain all applications, permits, notices, orders, reports, correspondence, and other documents pertaining to the facility or site, which have been initiated or received by the enforcement agency. However, the enforcement agency, pursuant to Section 44102 of the Public Resources Code, shall separately maintain all papers relating to the facility or site for which a request for confidential treatment has been made, and such papers shall be suitably protected until such time as it has been determined that confidential treatment is not required.

(b) The file for each facility or site shall bear a number, which is determined and assigned by the board.

(c) Each enforcement agency shall maintain a current list of all files it maintains. The list shall be available for public inspection upon request.

(d) All files and their contents shall be retained by the enforcement agency for as long as a facility or disposal site physically exists, and until written discard approval is given by the board.

(e) Upon certification each LEA shall maintain a separate and current chronological log of the enforcement legal and enforcement actions, taken pursuant to 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (20005 et seq.) and Parts 4 and 5 of Division 30 of the Public Resources Code. This log shall be retained by the LEA as a file, and shall include at a minimum the following information: facility or site name, address, facility number, the action type, the date issued, and the outcome of the action(s).

Note:

Authority cited: Sections 40502, 43020, and 43200, Public Resources Code.
Reference: Sections 40062, 43200, 43209, 45000, 45200, 45201, 45300, and 45301, Public Resources Code.

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