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Note:Authority cited: Sections 48100, 48101 and 48103, Public Resources Code. Reference: Section 48103, Public Resources Code.





s 17993.5. Grant Criteria.
The criteria listed below will be used to evaluate each complete application.
(a) Demonstrated the need for the project.
(b) Measurable goals and objectives in the Work Plan.
(c) Descriptions by task of the activities to be undertaken to achieve the objectives.
(d) Description of a method to evaluate the success of the project and determine whether objectives were accomplished.
(e) Demonstration that the project is cost effective. Preference will be given to applicants who use cost savings, such as, use of volunteer labor, in-kind services, and recycling options.
(f) Detail that expenses are reasonable with all program elements are itemized in the budget.
(g) Present complete and clear proposal setting forth deadlines and evidence that applicant or its contractor have sufficient staff resources, technical expertise, and experience managing grant programs.
(h) The quality, cost-effectiveness and innovation of the applicant's programs designed to discourage illegal waste disposal and to encourage the proper waste disposal in permitted solid waste disposal facilities.
(i) The level of health and safety threats or environmental concerns and public nuisance described in the application.
(j) The environmental soundness and practicality of the proposal.
(k) The maximization of available funds.
(l) The applicant's ability to adequately remediate the site with available funds.
(m) The availability of other funds to cleanup the site.
(n) Evidence of a green procurement policy, requiring applicants to use recycled content products, recycled or reusable products, or engage in other waste reduction activities where appropriate and feasible.

Note: Authority cited: Sections 48100, 48102 and 48103, Public Resources Code. Reference: Section 48103, Public Resources Code.





s 17993.6. Local Agency Grant Agreement for Cleanup.
(a) If the Board approves the grant award, the grant recipient and the Board shall enter into a written grant agreement which contains a description of the project(s) as approved, and which identifies and ensures compliance with this chapter and which incorporates all standard terms and conditions required of state agency agreements.
(b) Payment for work performed by the grantee will be made only after the following conditions have been met and approved by the Board:
(1) completion of the site remedial action as proposed, and
(2) submission of a report on the types and quantities of waste disposed and recycled, and the costs associated with disposal, recycling, equipment and labor.
(c) The grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes to grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s).
(d) Upon determination by the Board that the recipient has failed to comply with the terms of grant agreement the Board may terminate the grant in whole, or in part, at any time prior to the date of completion. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five (5) working days of the determination.

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48101, Public Resources Code.





s 17993.7. Grant Agreement for Reimbursements.
A grant agreement for reimbursement to a property owner shall include all elements of 17993.6 except for (b) and (c). In addition, the following shall be included:
(a) Payment shall be made only after the site has been fully remediated
(b) The grantee shall disperse the funds, within sixty days (60) of receipt, to the property owner.

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48101, Public Resources Code.





s 17994.1. Request Process for Cleanup.
(a) A farm or ranch property owner may initiate the process for a grant application by submission of the following information to the applicant for consideration:
(1) A letter requesting that the applicant apply for a grant under this Chapter on the farmer's or rancher's behalf. The letter shall include the name, mailing address and phone number of the property owner and the approximate type and quantity of waste disposed on the property; and
(2) A vicinity map showing the location of each site and access points to the parcel of each site being requested for cleanup or reimbursement under the grant.
(3) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate.
(b) The applicant has forty-five (45) days, from receipt of the grant application request, to review the request, conduct a site visit and provide a written determination that the owner is or is not eligible for funds under the Farm and Ranch Solid Waste Cleanup and Abatement Grant program.
(c) If the applicant determines that the property owner is not eligible for a grant, it shall provide the property owner with the reasons. The reasons shall be provided within forty-five (45) days of the receipt of the application request.
(d) Once the applicant determines the property owner's application request is complete, it shall submit a grant application to the Board within sixty (60) days.

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100 and 48103, Public Resources Code.





s 17994.2. Request Process for Reimbursement of Prior Cleanups.
A farm or ranch property owner may initiate the process for a grant application for reimbursement of prior cleanups. If the owner requests reimbursement, the owner shall apply pursuant to 17994.1 and include the following information:
(1) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of waste disposed and recycled, and photographs of the project; and
(2) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor.

Note:Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100 and 48103, Public Resources Code.





s 17994.3. Property Owner Appeal Rights.
(a) If the applicant determines that the property owner is responsible for the illegal waste disposal, the property owner may appeal the decision to the governing body with jurisdiction over the applicant.
(b) The property owner shall submit an appeal to the governing body within fifteen (15) days of receipt of determination of responsibility.
(c) The appeal shall describe the factual basis for the appeal and shall include all relevant documentation.
(d) The governing body shall determine whether or not to overturn the applicant decision within forty-five (45) days of receipt.

Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code.





s 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 (s20005 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 for Chapter 5 (Sections 18010-18354, not consecutive): Sections 40502, 43020, 43200 and 43214, Public Resources Code (PRC). Reference: Sections 43200-45601, Public Resources Code.






s 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 enforcement agency which performs permitting, inspection, and 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 (s20005 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: Sections 43200-45042, Public Resources Code.





s 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: Sections 43200-45601, Public Resources Code.





s 18013. Mailing Documents to the Board.





s 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 legal and enforcement actions, taken pursuant to 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (s20005 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.






s 18050. Scope.
This Article sets forth the requirements for the designation of a local agency as an enforcement agency, and the establishment of hearing panels pursuant to the California Integrated Solid Waste Management Act of 1989. A local governing body of a city, county, or a joint powers body may designate a single local agency to be its enforcement agency pursuant to Section 18051 of this Article. Upon board approval of the designation and certification(s) of the local agency pursuant to Articles 2.0, 2.1, and 2.2 of this Chapter, the designated local agency shall become the local enforcement agency (LEA) in the designated jurisdiction. A local governing body may enter into a contract or joint powers agreement with another LEA for permitting, inspection, and enforcement duties within its territorial jurisdiction. This action is subject to board approval of the designation and certification of the contract LEA or the joint powers LEA.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code.






s 18051. Designation of a Local Agency.
Each local governing body that wishes to designate a local agency shall so notify the board. The notice of designation, by the local governing body of a local agency, shall be part of a designation information package (DIP) which includes the following information:
(a) A completed form CIWMB 1000 "Notice of Designation of Local Agency" (1994), which is incorporated herein by reference (See Appendix A.);
(b) A cover letter requesting approval of the designation by the board;
(c) Copies of all resolutions and other official documents necessary to establish the manner in which Article 1 of Chapter 2 (commencing with Section 43200) and Chapter 4 (commencing with 44308) of the Public Resources Code and Section 18060 of this Chapter have been satisfied;
(d) An organizational chart documenting the separation of the designated agency from public agencies or departments that are the operating units under the local governing body;
(e) An organizational chart documenting the organization of the designated agency;
(f) An identification of each required hearing panel pursuant to Section 18060 and 18081(d)(2) of this Chapter;
(g) A tabulation of city resolutions including the listing of all city names, their populations, and the percent of cities and populations approving the designation for the jurisdiction;
(h) An enumeration of every solid waste facility and disposal site in the jurisdiction including permitted, closed, abandoned, exempt, illegal, and inactive facilities. The enumeration shall include the site address or location, the owner(s) and operator(s) name(s), address(es), and site/emergency telephone numbers, and shall state whether the site or facility lies within the unincorporated area of the jurisdiction, or within an incorporated city and the city name; and
(i) An enumeration of every solid waste handling and collection operator in the jurisdiction. The enumeration shall include the requirements of 14 CCR 17332.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 43203 through 43207, Public Resources Code.






s 18052. Redesignation of Existing LEAs.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 43203-43207, Public Resources Code.






s 18053. Distribution of Notice of Designation.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Section 66796.21, Government Code.






s 18054. Review of Designation.
(a) Upon receipt of the designation information package (DIP), pursuant to Section 18051, the board staff shall, within 45 days, review the designation and notify the local agency and the designating local governing body in writing whether or not the proposed DIP is complete and accepted by the board staff. Should the DIP be incomplete, the local governing body and/or its designated local agency shall provide to the board the specific missing information thereby starting a new 45 day review period from the date of resubmittal.
(b) The board shall use the following criteria when reviewing designations:
(1) the designated agency shall demonstrate capability and experience in the enforcement of public health and environmental regulations;
(2) the designation and certification must be consistent with the enforcement scheme contemplated in the Countywide Integrated Waste Management Plan upon its adoption and the LEA's Enforcement Program Plan (EPP); and
(3) The designated local agency shall fully comply with certification requirements pursuant to Article 2.1 of this chapter.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200, 43203 and 43204, Public Resources Code.






s 18055. Effective Date of Designation.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43219, Public Resources Code.






s 18056. Local Governing Body Withdrawal of LEA Designation.
(a) A designation of an LEA may be withdrawn by the local governing bodies that originally made the designation. Notice of the withdrawal shall be given to the board a minimum of 90 days in advance of the desired effective date of the withdrawal. This shall be done by a local governing body resolution or other official document in the same manner the designation was made. The notice of withdrawal shall specify whether a new local agency is to be designated, or whether the local governing body intends to have the Board become the new enforcement agency. If the notice of withdrawal provides that a new local agency is to be designated, then the withdrawal of designation shall be expressly conditioned on board approval of the new designation. If the notice of withdrawal states that it is the local governing body's intention for the board to become the new enforcement agency, then the withdrawal of designation should not become effective until the Board notifies the local governing body that it is prepared to assume responsibility as the enforcement agency. The Board shall provide such notification on or before: (1) the end of the current fiscal year; or (2) 90 days after the notice of withdrawal is given to the Board, whichever is later. The Board shall then become the enforcement agency.
(b) All enforcement actions, pending violations, orders of corrections, request for technical reports, or other enforcement agency efforts to achieve compliance with state requirements (including LEA enforcement actions and state minimum standards and permits) which were in effect under the departing LEA shall remain in effect under the jurisdiction of the new enforcement agency.
(c) Notice of designation of a new local agency shall be made in the manner specified in Section 18051.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43203, 43206 and 43216, Public Resources Code.






s 18060. Appointment of Hearing Panel(s).
(a) Before the board can approve a designation, the designated local agency's local governing body shall appoint a hearing panel. The hearing panel shall be composed of either members of the local governing body or an independent hearing panel pursuant to Section 18081(d)(2). There shall be an independent hearing panel when in the jurisdiction of the enforcement agency there exists a publicly owned or operated solid waste facility or disposal site.
(b) Notice of the appointment of a hearing panel(s) shall be given the board and shall include the following:
(1) The name of each member and her or his position in the local governing body. If an independent hearing panel is appointed pursuant to Section 44308 of the Public Resources Code, an indication of which person is the technical expert in solid waste management, which person is the member of the local governing body, and which person is the representative of the public at large;
(2) the address to which filings and correspondence shall be mailed;
(3) indication whether each hearing panel was appointed pursuant to Section 44308(a)(1) or (a)(2) of the Public Resources Code; and
(4) the date, terms and conditions of the appointment.
(c) Notices of appointments to vacant positions on the hearing panel shall be given in the same manner.
(d) When the board serves as the enforcement agency, hearing panels shall be as set forth in Public Resources Code Section 44309.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 44308, Public Resources Code.





s 18070. Scope.
(a) This article sets forth the LEA certification types, the requirements for certification and certification maintenance including, but not limited to: technical expertise, adequacy of staff resources, adequacy of budget resources, training, and the LEA's Enforcement Program Plan (EPP), which the designated local agency shall develop, submit for board approval, and adopt pursuant to Public Resources Code Section 43209(e) and Section 18077 of this Chapter, and the periodic review of the LEA certification(s) pursuant to Article 2.2 of this Chapter.
(b) After certification(s) is issued and upon board approval, the designated local agency shall become the sole LEA in its jurisdiction, and shall maintain and comply with its board approved EPP to exercise its statutory power and authority pursuant to Division 30 of the Public Resources Code, 14 CCR Division 7, and 27 CCR Division 2, Subdivision 1 (s20005 et seq.). The LEA shall enforce the state and local minimum standards for solid waste collection, handling, storage, and disposal for the protection of the air, water, and land from pollution and nuisance, and for the protection of the public health and safety, and the environment. This Article also addresses board directories of hearing panels and enforcement agencies.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code.





s 18071. Types of Certification.
(a) The Board may approve a designated local agency and issue certification(s) to the local agency in one or more of the following types of certifications:
(1) Type "A": permitting, inspection, and enforcement of regulations at solid waste disposal sites;
(2) Type "B": permitting, inspection, and enforcement of regulations at solid waste transformation facilities;
(3) Type "C": permitting, inspection, and enforcement of regulations at transfer and processing stations, materials recovery facilities, and composting facilities; and
(4) Type "D": inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills.
(b) In jurisdictions where LEAs lack a certification to permit a new type of facility, the permit application, for that type of facility, shall be filed by the applicant with the board. The LEA shall, within 120 days of the permit application, obtain certification for this facility type, or the board shall review the performance of the LEA pursuant to Section 18051 and Article 2.2 of this Chapter and compliance with Public Resources Code Section 43201.
(c) An LEA lacking a specific certification type pursuant to 18071(a) may submit a new complete EPP for board review and request issuance of an additional certification to perform permitting, inspection, and enforcement duties in another jurisdiction, or inspection and enforcement duties in its jurisdiction, both pursuant to Article 2.1 of this Chapter, and subsequent to board approval.
(d) When in the LEA's jurisdiction only one permitted solid waste disposal facility exists and its permit is surrendered, the LEA shall retain its type "A" certification, unless the LEA certification is withdrawn by the board.
(1) For LEAs to be issued type "D" certification they shall be required to have type "A" certification.
(e) A designated local agency shall demonstrate that it meets the certification requirements for each certification type requested. The LEA shall maintain compliance with the requirements of this Chapter.
(f) Sections 18071 through 18075 of this Article set forth the LEA certification requirements pursuant to Public Resources Code Section 43200.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code.





s 18072. Technical Expertise.
(a) Performance of permitting, inspection, and enforcement duties and responsibilities of comprehensive solid waste enforcement issues shall reside solely within an LEA. The LEA shall have one or more full time staff members dedicated solely for solid waste issues. For all certification types the dedicated staff shall be composed of at least one registered environmental health specialist (REHS), pursuant to Sections 514 through 534 of the Health and Safety Code. Additional staff for permitting, inspection, and enforcement duties may be a REHS(s), or person(s) meeting the requirements of Sections 106635 of the Health and Safety Code, as certified by the LEA program director or manager.
(1) The REHS shall have experience and training in solid waste enforcement. This experience and training shall be current and subsequent to the enactment of the California Integrated Waste Management Act of 1989 commencing with Section 40000 of the PRC.
(2) The REHS experience and training shall include the following:
(A) permitting and closure/postclosure duties as described in 14 CCR 18082;
(B) inspection duties as described in 14 CCR 18083; and
(C) enforcement duties as described in 14 CCR 18084.
(3)(A) For type "A" certification, pursuant to 14 CCR 18071(a)(1), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 27 CCR Division 2, Subdivision 1 (s20005 et seq.), beyond the technical abilities of the LEA's staff, shall be performed by public and private entities as specified in the LEA's EPP, whose staff meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologists," "Registered Civil Engineer," and "Soil Engineer."
(B) The LEA review in subsection (a)(3)(A) may be contracted for by the LEA or the LEA may use appropriate CIWMB staff to perform those duties.
(4) For type "B" and "C" certifications, pursuant to 14 CCR 18071(a)(2 and 3), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 14 CCR Division 7, may be performed by public and private entities, as specified in the LEA's EPP, under contract to the LEA, which meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologists," "Registered Civil Engineer," and "Soil Engineer."
(b) Counties or cities may have contracts or joint powers agreements pursuant to Government Code, section 6500 et. seq. or as authorized by law, with another county, city, or a joint powers jurisdiction LEA to provide permitting, inspection, and enforcement duties and responsibilities in the designated jurisdiction of the local governing body(s), with approval of the board. The above contracts or joint powers agreements shall preclude conflict of interest between the cities or counties, their designated LEA, or the LEA's consultants and facility operators in the jurisdiction. The following consulted professionals defined in 27 CCR 20164 shall not be facility operators or consultants for solid waste facilities or disposal sites within the LEA's jurisdiction unless approved by the board: "Certified Engineering Geologists," "Professional Land Surveyor," "Registered Civil Engineer," "Registered Geologist," and "Soil Engineer."
(c) Any opinion, report, analysis, or other deliverable provided to an LEA through contract or joint powers agreement shall be endorsed, affirmed or denied by the contracting LEA.
(d) Notwithstanding subsection (a), designated local agencies for jurisdictions having a population of less than 50,000 persons and existing LEAs whose jurisdictional population grows beyond 50,000 persons, but does not exceed 80,000 persons, may alternately implement the following staffing provisions to demonstrate their technical expertise and adequacy of staff resources.
(1) staffing shall be determined and submitted for board approval pursuant to 14 CCR 18073; and
(2) permitting, inspection, and enforcement duties, for a designated local agency having demonstrated its adequacy of staff resources with one or less full time staff member, shall be performed by one individual REHS.
(e) Designated local agencies, which elect subsection (d) to fulfill staffing requirements, shall be issued temporary certification(s) by the board.
(1) This temporary certification(s) shall expire upon conclusion of the LEA performance evaluation by the board.
(2) The LEA shall be issued full certification(s) by the board when the evaluation confirms LEA compliance with Article 2.2 of this Chapter.
(f) LEAs with one or less staff members shall, upon the loss of staff, provide staff resources meeting the requirements of this section within 90 days, or the board shall become the enforcement agency within the LEA's jurisdiction until another local designated agency is approved and issued certification(s) by the board.
(g) The LEA shall resume temporary certification(s) status when staff is replaced pursuant to subsection (f) until the requirements of subsection (e)(1) and (2) are met.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code.





s 18073. Adequacy of Staff Resources.
(a) The LEA shall demonstrate the adequacy of its staff resources by submitting documentation of the following analyses:
(1) the number and type of operating and non-operating solid waste facilities, disposal sites, and collection and handling equipment;
(2) the number of annual compliance and projected complaint inspections based on the previous year's records and anticipated additions or deletions;
(3) the time allocation requirements of local agency staff for:
(A) inspections, travel, research, analysis of findings, and documentation;
(B) enforcement activities including warnings, notices, meetings, hearings, legal proceedings, and documentation;
(C) permit activities including reviews, modifications and revisions, and closure or postclosure activities, including applications and plan reviews, site evaluations and investigations, and documentation;
(D) corrective actions including: review and approval of site investigations, assessments, characterizations, remediation alternatives, and corrective measures;
(E) training including field, meetings, seminars, workshops, courses, and literature reviews;
(F) management including day to day operation scheduling, and supervision; and
(G) support staff both technical and non-technical.
(4) The staff resources shall be computed based on a Full Time Equivalence (FTE) not to exceed 230 eight hour work days per year per person. The FTE baseline hours shall be identified in the EPP.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code.





s 18074. Adequacy of Budget Resources.
(a) The LEA shall maintain a budget accounting process capable of identifying expenditures and revenues which are adequate to fulfill their LEA duties and responsibilities pursuant to its board approved EPP, this chapter, and Part 4 and 5 of Division 30 of the Public Resources Code. Additionally, LEAs shall, at the beginning of each fiscal year upon adoption by the local governing body, submit to the board supporting information demonstrating budget adequacy.
(1) The LEA shall use methods that demonstrate adequate budget resources for implementing the provisions of this Article. The LEA shall account for all anticipated expenditures, including but not limited to the following:
(A) staffing pursuant to 14 CCR 18073;
(B) monitoring and testing materials and equipment;
(C) health and safety protection equipment and materials for staff;
(D) travel and per diem for training seminars, conferences, etc.;
(E) enforcement actions including staff time and independent legal counsel costs to preclude conflict of interest and lack of timely initiation of legal actions pursuant to 14 CCR 18051(b)(6) and 14 CCR 18084;
(F) consultant and technical support;
(G) transportation; and
(H) agency overhead.
(2) LEAs shall identify their revenue by sources and amounts. Sources may include, but are not limited to:
(A) Funds from LEA Grant(s) Account;
(B) Permitting Fee(s);
(C) Inspection or Service Fee(s);
(D) Post Closure Fee(s);
(E) Tipping and Tonnage Fee(s);
(F) 5 Year Permit Review Fee(s);
(G) General Fund; and
(H) Other (specify).

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code.





s 18075. Training Requirements.
(a) LEA personnel shall be trained in solid waste enforcement. The LEA's training program shall be coordinated with the board as well as other state and local agencies, be part of the LEA's Enforcement Program Plan pursuant to 14 CCR 18077, and provide specific training in the following areas:
(1) permitting, inspection, and enforcement duties and responsibilities pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7 and 27 CCR Division 2, Subdivision 1 (s20005 et seq.), and local ordinances and resolutions relating to solid waste collection, handling, processing, storage, and disposal;
(2) inspection techniques and scheduling;
(3) preparation for hearing panel and court proceedings;
(4) administration practices within a solid waste enforcement program;
(5) monitoring equipment, data evaluation, and interpretation of the results as related to solid waste enforcement;
(6) attendance of board approved seminars and workshops;
(7) field staff health and safety training in the categories of: planning of field inspections, safety equipment, on-site procedures, decontamination and hazard recognition, and avoidance; and
(8) for type "A" certification, specific training in performance standards pursuant to 27 CCR 20695, when applicable.

Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code.





s 18076. Request for and Review of Certification.
(a) Within 45 days of receipt of a request for certification(s), the board shall notify the requesting local agency in writing as to whether the request in the form of an Enforcement Program Plan (EPP) pursuant to Section 18077 of this Chapter is:
(1) complete and accepted and shall be reviewed; or
(2) the EPP is incomplete and what specific information is missing, and needs to be submitted to the board to provide for a complete EPP. The board will require the agency to provide the specific missing information, thereby starting a new 45 day process from the date of resubmittal.
(b) When an EPP is complete and accepted, the board shall have 60 days from the date of the acceptance, to conduct a review of the designation and certification information in the EPP.
(1) The board shall issue a certification(s) decision stating which types of certification are to be issued or denied, and that the designation and EPP are approved or disapproved. A copy of the board decision shall be sent to the requesting agency, its local governing body, and all appropriate State agencies.
(2) If during the review process the board finds any specific deficiencies, it shall notify the requesting agency within 45 days from the date of acceptance for review. A new 60 day review period shall begin on the date of resubmittal.
(c) The board may elect to issue temporary LEA certification(s) and/or designation approval for specific time periods.
(d) After approval of the EPP, the board shall periodically review the LEA's enforcement program plan (EPP) and its implementation of the permitting, inspection, and enforcement programs pursuant to Public Resources Code Sections 43209 and 43214.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Section 43200-43209, Public Resources Code.





s 18077. Enforcement Program Plan (EPP).
(a) The LEA shall develop, adopt, and submit for board approval an EPP pursuant to Public Resources Code Section 43209(e). The EPP shall embody the designation and certification requirements and demonstrate that the LEA meets all the requirements pursuant to Public Resources Code Sections 43200, 43203, 43207, and 43209, 14 CCR Division 7, Chapters 3 and 5, and 27 CCR Division 2, Subdivision 1 (s20005 et seq.). At a minimum, the EPP shall include the following written components:
(1) a certification request letter;
(2) an accepted designation information package (DIP) pursuant to 14 CCR 18051;
(3) a statement of EPP goals and objectives;
(4) a copy of the enabling ordinance(s) or resolution(s) for the LEA jurisdictional authority;
(5) a copy of all local solid waste collection, handling, storage, and disposal statutes or ordinances;
(6) a comprehensive list of all types of solid waste facilities and disposal sites, and solid waste handling and collection vehicles within the jurisdiction;
(7) a time task analysis demonstrating the adequacy of staff resources pursuant to 14 CCR 18073;
(8) a demonstration of staff technical expertise;
(9) an operating budget demonstrating adequacy of budget resources pursuant to 14 CCR 18074;
(10) a detailed staff training procedure pursuant to 14 CCR 18075;
(11) a procedure manual for solid waste facility permitting and closure or postclosure;
(12) a procedure manual for inspection, investigation, compliance assurance, enforcement, and hearing panel utilization; and
(13) a procedure manual for disposal site identification, assessment, and corrective actions.

Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-43209, Public Resources Code.





s 18078. Directory of Enforcement Agencies and Hearing Panels.
The board shall maintain a statewide directory of hearing panels and local enforcement agencies as approved and issued certification(s) by the board. The directory shall include a description of the jurisdiction and mailing address of each and shall be open to the public inspection pursuant to Article 4 of Chapter 1 of this division. The board shall promptly respond to inquiries by the public regarding the identity or location of an enforcement agency or hearing panel.

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200, 43201, 43204, 44800 and 44801, Public Resources Code.






s 18080. Scope.
This Article, pursuant to Public Resources Code Section 43214, sets forth the LEA's duties and responsibilities, performance standards, certification maintenance requirements, and board evaluation of LEAs.

Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43214, 43215, 43216 and 43219, Public Resources Code.






s 18081. LEA Performance Standards and Evaluation Criteria.
(a) In performing its permitting, closure and postclosure, inspection, and enforcement functions, the LEA shall meet its duty requirements and comply with the standards pursuant to Public Resources Code Division 30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.) and its EPP. Deviation from these standards may result in a performance review by the board pursuant to Public Resources Code Sections 43214, 43215 and 43219, including establishment of LEA compliance schedules or withdrawal of designation and certification(s) approvals. The board's evaluation and decisions will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment.
(b) The LEA shall be assessed for compliance with the certification requirements pursuant to Article 2.1 and 2.2 of this Chapter, Public Resources Code Section 43209, and its board-approved EPP.
(c) All facilities and disposal sites within the LEA's jurisdiction shall:
(1) be in compliance with the state minimum standards and either the terms and conditions of the solid waste facility permits, the board-approved final closure and postclosure maintenance plans, have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900, or have ceased operation prior to January 1, 1988; and
(2) be permitted, exempted, governed by board-approved final closure and postclosure maintenance plans, or have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900; or
(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.
(d) All operations within the LEA's jurisdiction shall:
(1) be in compliance with the state minimum standards, as applicable; and
(2) meet notification requirements as applicable; or
(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.
(e) All LEA's shall retain their certification(s) and designation approvals by maintaining compliance with their board-approved EPP and this Chapter.
(1) The LEA shall provide for, obtain, and maintain the necessary technical, safety and regulatory equipment, clothing and vehicles for field inspectors. The LEA shall identify in its board-approved EPP what constitutes "necessary" for staff safety and field monitoring, measurement, inspection, and enforcement requirements for all its solid waste enforcement duties and responsibilities and its certification(s).
(2) When in the jurisdiction of the EA there exists a publicly owned or operated solid waste facility or disposal site, the local governing body shall maintain an independent hearing panel for permit, enforcement and appeal purposes, as per Section 18060 of this Chapter and Sections 44308 through 44310 of the Public Resources Code.
(3) The LEA/EA shall provide for technical review of corrective actions and postclosure land use pursuant to Sections 43500-43510 and 45000 of the Public Resources Code.
(4) The components of the EPP shall be reviewed and amended by the LEA annually or more frequently as determined by the board to reflect any changes. The amended components shall be submitted to the board for approval.
(f) The LEA/EA shall perform all applicable duties related to the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq.

Note: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code.






s 18082. LEA Duties and Responsibilities for Permitting and Closure or Postclosure.
(a) The LEA/EA shall implement the solid waste facility permitting regulations pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7, Chapter 5, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and its EPP, where applicable, as follows:
(1) applications:
(A) verify the submission of required documents, site and personnel information, and fees;
(B) evaluate the application documents for accuracy and conformity to the EPP and the appropriate state standards cited in subsection (a) of this Section;
(C) review for short and long term environmental impacts, damage, and proposed mitigation measures;
(D) decide whether or not to accept the application and proceed with a proposed permit for board approval;
(E) initiate appropriate public notice and comment period; and
(F) submit copies of the above documents, notices, comments, and responses to the board.
(2) proposed permits:
(A) prepare permits with specific conditions for design, operation, and adverse environmental effect, monitoring and mitigation;
(B) submit proposed permits to the board and the applicant;
(C) allow a waiting period for review, concurrence, or objection by the board, and modification by the LEA/EA as required;
(D) issue or deny the issuance of the solid waste facilities permit, upon satisfactory conclusion of the above process; and
(E) the LEA/EA shall act upon applications and plans to generate a proposed solid waste facilities permit within the required regulatory and/or statutory time frames.
(3) closure and postclosure:
(A) pursuant to Public Resources Code Division 30 Parts 4 and 5 and 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and the EPP, the LEA/EA shall require any person owning or operating a solid waste landfill to submit for LEA/EA and board approval the following:
1. plans for the landfill closure and postclosure maintenance;
2.estimates of closure and postclosure maintenance costs; and (continued)