The Legal Affairs Office provides CalRecycle staff with support on legal history, actions, analysis, and advice. The office supervises all litigation and other legal actions entered into by the department.
The Legal Affairs Office provides the following broad categories of assistance:
- Provides legal services necessary to implement the programs mandated by The California Integrated Waste Management Act of 1989 (AB 939, Sher, Chapter 1095, Statutes of 1989) and subsequent statutes related to integrated waste management as well as the Beverage Container Recycling and Litter Reduction Act (AB 2020, Margolin, Chapter 1290, Statutes of 1986) and subsequent statutes related to recycling. Recommends positions which will allow CalRecycle to implement its policies.
- Advises regarding legal requirements related to development and adoption of regulations, including requirements of the Administrative Procedure Act and procedures of the Office of Administrative Law.
- Reviews contracts entered into by CalRecycle and advises staff regarding contract requirements and procedures when necessary.
- Represents CalRecycle in personnel actions and provides legal counsel on personnel matters, including adverse actions and affirmative action, as well as in matters concerning labor relations, including bargaining unit contracts and grievances.
- Advises on conflict of interest, incompatible activities, and public records request laws.
- With the Attorney General, represents CalRecycle in litigation brought on behalf of or against the department. CalRecycle has the authority to take enforcement action independent of the local enforcement agencies. Through the Attorney General's office, CalRecycle may pursue both civil and criminal penalties for violations of State standards for solid waste facilities. CalRecycle enforcement authority also covers statewide planning requirements which local governments are responsible to implement.
- Responds to legal inquiries from the CalEPA, other State control agencies, and affected parties regarding responsibilities and authority of CalRecycle as well as waste management law and regulations.
- Provides assistance and coordination by consulting with counsel from the financial community regarding integrated waste management project finance and with private industry counsel regarding facility permitting and regulatory compliance.
For more information on programs managed by this office, see the following on our website: