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 2.3. Board Actions Over LEAs

Section 18085. Grounds for Board Actions Over LEAs.

An LEA's failure to fulfill one or more of the following responsibilities and/or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management Act") and/or these implementing regulations shall constitute sufficient ground(s) for any of the board actions set forth in 14 CCR 18086, including but not limited to:

(a) Failure of the LEA to comply with one or more of the Performance Standards referenced in Public Resources Code Section 43214 and/or its implementing regulation, 14 CCR 18081, including but not limited to:

(1) Failure of the LEA to maintain compliance with the certification requirements reference in 14 CCR 18072-75, including but not limited to technical expertise, adequacy of staff resources, adequacy of budget resources, and training;

(2) Failure of the LEA to enforce facility compliance with one or more of the state minimum standards at solid waste facilities within the jurisdiction of the LEA, as referenced in Public Resources Code Section 43214(c);

(3) Failure of the LEA to maintain compliance with and/or implement one or more of the components of the LEA's Enforcement Program Plan, as referenced in 14 CCR 18077; and

(4) Failure of the LEA to perform all applicable duties related to the California Environmental Quality Act.

(b) Failure of the LEA to fulfill one or more of its duties and/or responsibilities as referenced in Public Resources Code Section 43209 and/or its implementing regulations, including but not limited to:

(1) LEA Duties and Responsibilities for Permitting and Closure or Postclosure, as referenced in 14 CCR 18082;

(2) LEA Duties and Responsibilities for Inspections, as referenced in 14 CCR 18083; and

(3) LEA Duties and Responsibilities for Enforcement, as referenced in 14 CCR 18084.

(c) When public health and safety or the environment is threatened, the Board shall, within 10 days of notifying the LEA, become the enforcement agency until another local agency is designated locally, approved and certified by the board pursuant to PRC Section 43214(c).

Note:

Authority cited: Sections 40502, 43020, 43200, 43203, and 43214, Public Resources Code.
Reference: Sections 43200-43209, 43214, 43218, 43500-43606, 44001-44017, 44100, 44101, 44300, 44301, 44500-45601, Public Resources Code.


Section 18086. Types of Board Actions Over LEAs.

If the Board finds that an LEA is not fulfilling one or more of its responsibilities and/or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management Act") and/or these implementing regulations, then the Board, in accordance with Public Resources Code Sections 43215 and 43216.5, may take one or more of the following actions:

(a) Assume responsibility for specified LEA duties by partially or fully decertifying an LEA, either permanently or through a temporary suspension. Such an assumption of responsibility shall only extend to the LEA duties so specified by the board. The board may charge for operations pursuant to PRC 43212(a) while performing enforcement agency duties.

(b) Conduct more frequent inspections and evaluations within an LEA's jurisdiction.

(c) Establish a schedule and probationary period for improved performance by an LEA, and/or call for the submission of an evaluation workplan.

(d) Withdrawal of the Board's approval of the local governing body's designation of the LEA.

(e) Implement any other measures which may be determined by the Board to be necessary to improve LEA compliance.

Note:

Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code.
Reference: Sections 40500-40510, 43200-43219, Public Resources Code.


Section 18087. Process for Board Actions Over LEAs.

(a) Notice: Notice of the hearing shall be sent by first-class mail and deposited in the mail at least thirty (30) days prior to the hearing. The notice shall be sent to the LEA's most current address as specified in the completed Form CIWMB 1000 "Notice of Designation of Local Agency" currently on file with the Board. If written notice has been provided the Board that the LEA is represented by an attorney in the proceeding, the notice of the hearing shall additionally be mailed to such attorney.

(b) Public Hearing: The hearing shall be open to the public. The Chair or other presiding officer may provide an opportunity during the hearing for nonevidentiary public comment relevant to the matter being heard by the Board. The Chair or other presiding officer may impose reasonable limitations on the number of public speakers commenting, and on the nature and length of the comment period.

(c) Admission of Evidence: A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.

(d) Final Action by the Board: The Board's decision will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment. The Board will announce its decision at the conclusion of the hearing. A written decision will be prepared thereafter, which shall include a statement of the factual and legal basis of the decision. A copy of the written decision shall be sent to the LEA in the same manner as set forth in subsection (a), above, within ten (10) days of the conclusion of the hearing.

Note:

Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code.
Reference: Sections 40500-40510, 43200-43219, Public Resources Code.


Section 18088. Board Acting as Enforcement Agency.

The Board, when acting as the enforcement agency, may enter into agreements or contracts at its discretion with any certified local enforcement agency for the purpose of delegating its enforcement agency duties within any jurisdiction until a local agency is designated, approved and certified by the Board.

Note:

Authority cited: Sections 40502, 43020, and 43200, Public Resources Code.
Reference: Sections 43216 and 43216.5, Public Resources Code.

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