To All Local Enforcement Agencies:
Enclosed please find a copy of the "1995 Inspection Guidance for Transfer Stations, Materials Recovery Facilities, and Waste-To-Energy Facilities." The aim of this document is to provide your agencies with the tools and information necessary to conduct effective inspections of these types of facilities.
Changes are certain to occur in the solid waste responsibilities of the various agencies resulting from statutory, regulatory, program and policy changes. Accordingly, the information presented here will need to be updated, revised, or re-written when these changes occur. Any changes in the guidance presented here will be submitted to all LEAs.
State minimum standards specific to materials recovery facilities (MRF) and waste-to-energy facilities (WTEF) do not currently exist. These types of facilities are regulated under Title 14, Chapter 3, Article 6, Transfer/Processing Station Standards. The development of MRF standards is scheduled to begin in July, 1995. In addition, transfer station standards will be revised at that time. It is unknown whether standards specific to WTEFs will be developed in the future. Guidance concerning these regulatory changes will be developed and submitted to all LEAs.
Board staff have endeavored to present the information here in a useful format which inspectors can use with ease and which will allow more uniform enforcement of solid waste facilities throughout California by LEA and Board staff. Questions or comments regarding this document should be directed to your CalRecycle inspection or enforcement contact person.
Original signed by:
Permitting and Enforcement Division
The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.
Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.