Types of Notice and Orders

Compliance Order

  • Issued pursuant to PRC section 45011(a)(1).
  • Brings facility into compliance with:
    • PRC.
    • 14 CCR regulations.
    • Any correction action order or cease and desist order.
    • Or poses a potential threat to public health and safety or the environment
  • Establishes a compliance schedule to bring the facility into compliance with documented violations.
  • May provide for administrative civil penalties (ACP) if compliance is not achieved within the established time schedule.
  • Prior to issuing a notice and order which proposes to levy ACPs, the LEA must do both of the following:
    • Notify the operator of the solid waste facility that is in violation, specifying the PRC or CCR code section or the permit term or condition being violated (SWIS inspections reports, NOV, or other method).
    • Upon request of the operator, hold a compliance meeting to clarify regulatory requirements and to determine what actions, if any, the operator may voluntarily take to bring the facility into compliance by the earliest feasible date.

Corrective Action Order

  • Issued pursuant to PRC section 45000.
  • Requires owner or operator to take corrective action to abate a nuisance, or protect human health and safety or the environment.

Cease and Desist Order

  • Issued pursuant to PRC section 45005.
  • Addresses SWFP or SMS violations, or facilities operating without a SWFP, or, situations which threaten to cause a condition of hazard pollution or nuisance.

What Notices Can Do

  • Imposition of civil penalties.
  • Conditionally impose administrative penalties.
  • Corrective action by LEA.
  • Impose administrative civil penalties.
  • Petition for superior court injunction.
  • Suspend or revoke permit.

Checklist

Each Notice and Order Must Include

  • From and to.
  • Site description.
  • Violation description.
  • Violation of statutes, regulations or terms and conditions.
  • Schedule of compliance.
  • Penalty.
  • Notice of right to appeal.
  • Date and signature.
  • Declaration attached.
  • If stipulated notice and order, operator and LEA signatures.

Each Stipulated Agreement Must Include

  • Stipulated agreement checklist.
  • Terms and conditions subject to agreement.
  • Justification.
  • Changes required to address temporary emergency.
  • Terms of the agreement including:
    • Commencement date.
    • Termination date.
  • Action taken by operator to revise permit or modify operations.
  • Action LEA will take.
  • Operator and LEA signatures.

Each Emergency Waiver Must Include

  • Be issued in response to a proclaimed State or local emergency.
  • 120-day limit which can be extended.
  • Operator must request:
    • List of terms and conditions to be waived.
    • Remaining capacity.
    • Diversion programs.
    • Temporary transfer stations.
  • LEA must find:
    • Valid permit.
    • No threat to public health and safety and the environment.
    • Maximum diversion.
  • Send to operator within 7 days.
  • Send to CalRecycle within 15 days.
  • CalRecycle Executive Director review:
    • Condition, limit, suspend, revoke, terminate if causes harm to public health and safety or the environment or no diversion.