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s 18265.3. Contents of the Final Postclosure Maintenance Plan.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
s 18266. Postclosure Maintenance Cost Estimates.
Note: Authority cited: Section 40502, 40508, and 43509, Public Resources Code. Reference: Sections 40508, 43020, 43021, 43501, 43509, 46022 and 46026, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.72.
s 18267. Form of Application for Review of Closure and Postclosure Maintenance Plans.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b), 66796.22(d) and 66796.22(f), Government Code; and Sections 46022 and 46026, Public Resources Code.
s 18268. Filing of Application and Transmittal of Copies.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 65943, 66796.22(b)(2), 66796.22(c) and 66796.22(d), Government Code; and Sections 46022 and 46026, Public Resources Code.
s 18269. Public Notice.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public Resources Code.
s 18270. Evaluation of Closure and Postclosure Maintenance Plans.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(b), and 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 21080.5, 43200, 43202, 43203, 43209, 44012, 44014(b), 46022 and 46026, Public Resources Code.
s 18271. Approval of Closure and Postclosure Maintenance Plans.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public Resources Code.
s 18272. Amendment of Closure and Postclosure Maintenance Plans.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 46022 and 46026, Public Resources Code.
s 18275. Certification of Closure.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 44006, 46022 and 46026, Public Resources Code.
s 18276. Revision of Plans During Closure and Postclosure Maintenance.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b)(2) and 66796.22(h), Government Code; and Sections 46022 and 46026, Public Resources Code.
s 18277. Release From Postclosure Maintenance.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code.
s 18280. Scope and Applicability.
s 18281. Definitions.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18282. Amount of Required Coverage.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 43501, Public Resources Code.
s 18283. Acceptable Mechanisms and Combinations of Mechanisms.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18284. Trust Fund.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18285. Enterprise Fund.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18286. Government Securities.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18287. Letter of Credit.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43601, Public Resources Code.
s 18288. Surety Bond.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18289. Financial Means Test.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18290. Pledge of Revenue.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18291. Guarantee.
Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code.
s 18292. Federal Certification.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18293. Substitution of Mechanisms by Operator.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18294. Cancellation or Nonrenewal by a Provider of Financial Assurance.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18295. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18296. Depository Trust Fund.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18297. Record Keeping and Reporting.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18298. Release of an Operator from the Requirements.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code.
s 18301. Scope.
This article applies to the activities of EAs in enforcing the state minimum standards, permits, and related state solid waste laws and regulations within their purview. It also applies to the activities of the board in reviewing such activities of LEAs and in acting in the place of LEAs that have failed to take appropriate actions or, when the board is the EA in a particular jurisdiction.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 43216.5 and 45012, Public Resources Code.
s 18302. Written Complaints of Alleged Violations.
(a) Any person having information alleging a facility or operation is being operated without a required permit or notification, in violation of one or more terms or conditions of a permit, in violation of the state minimum standards, or in violation of any related state solid waste laws or regulations, or that a permit was obtained wholly or partially by misrepresentation or nondisclosure of relevant facts, may file a complaint regarding such allegation in writing to the EA. The compliant shall include the following:
(1) The name, address and telephone number of the person making the complaint, however nothing in this chapter shall be construed to prevent the making of anonymous complaints by omitting the identity of the reporting party from the complaint;
(2) The identity and location, if known, of the facility or operation and the names and addresses, if known, of the persons responsible for the violation;
(3) The nature of the violation and/or the relevant misrepresented or non-disclosed facts; and
(4) All known facts relevant to the alleged violation or likely to be of assistance to the EA in investigating the complaint, including but not limited to information relating to witnesses and physical evidence.
(b) The person making the complaint may forward a copy to the board.
(c) Upon receipt of a complaint, the EA shall within fifteen days examine the report and determine whether its allegations, if true, would constitute a violation of a state minimum standard, permit term or condition or any related state solid waste law or regulation. The EA shall make its determination on the basis of the substance of the allegations rather than on the basis of the complaint's technical compliance with the Act or this chapter. Should the EA determine that the complaint fails to allege facts constituting a violation of a state minimum standard, permit term or condition or related state solid waste law or regulation, it shall so advise the reporting party in writing at the address given in the complaint if an address is given and place a copy in its files.
(d) The EA may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the EA. Should the EA decline to investigate on that ground, it shall so advise the complaining party in writing at the address given in the complaint if an address is given and place a copy in its files.
(e) Except as provided in subsection (c) or subsection (d) of this section, the EA shall commence an investigation of the facts alleged in the complaint.
(f) If an LEA has a complaint review and investigation initiation procedure that contains substantially the same basic requirements as this section, and accomplishes the intended purposes of this section within its board-approved EPP, it may follow that equivalent process in lieu of subsections (c), (d) and (e) of this section. Section 18302 is intended to insure that every person making a written complaint of an alleged unlawful condition at a solid waste facility or operation can assume that his or her complaint will receive appropriate attention.
(g) If the board receives a complaint in a jurisdiction where it is not the EA, the complaint shall be forwarded to the appropriate LEA within 5 days of its receipt, unless the LEA has already received a copy from the complaining party.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 44012, 44015 and 45000-45024, Public Resources Code.
s 18303. Investigations.
(a) The EA shall conduct investigations of allegations made to it as required by subsection (e) of Section 18302 or, if applicable, as required by its own equivalent complaint review and investigation initiation procedure as described in its board-approved EPP, and shall conduct investigations of all other disposal sites, facilities and operations where it has reason to believe violations exist. In addition, the EA shall conduct such periodic investigations as it deems necessary to insure compliance with all related state solid waste laws and regulations. In any investigation of possible violation of a health-related standard, the LEA, if it is not the local health department, shall consult as appropriate with the local health department concerning enforcement and any other related actions. If an investigation of possible violation of a health-related standard is conducted by the board, it shall obtain and consider the recommendation of the State Department of Health Services in addition to that of the local health department/health officer.
(b) Investigations by LEAs shall be conducted in accordance with the procedures in their board-approved EPPs. The procedures shall include the requirements found in subsection (c).
(c) The EA shall maintain a record of each investigation. The record shall include but not be limited to the following:
(1) The names of all persons interviewed and the date ad location of each interview;
(2) A description of all documentary and other physical evidence examined;
(3) The dates, times, and locations of all inspections of the facility;
(4) A list of correspondence, including any written reports by the permittee;
(5) Any other evidence leading to resolve the issues.
(6) A summary of the findings and conclusions of each completed investigation.
(d) The summary of the findings and conclusions of each completed investigation shall be included in the next periodic inspection report, as applicable.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44100 and 44101, Public Resources Code.
s 18304. Notices and Orders.
(a) The EA as it deems appropriate or when required by statute, shall issue a notice and order pursuant to subsection (b) and section 18304.1 if, in the course of an investigation or at any other time, the EA determines that any facility, disposal site, operation or person(s):
(1) Is in violation of Division 30 of the Public Resources Code;
(2) Is in violation of any regulations adopted pursuant to Division 30;
(3) Is in violation of any of the terms or conditions of the solid waste facility permit under which the facility or disposal site is operating;
(4) Causes or threatens to cause a condition of hazard, or pollution; or
(5) Poses a potential or actual threat to public health and safety or the environment.
(b) The notice and order shall contain the following information:
(1) The identity of the EA.
(2) The name or names of each person or entity to whom it is directed.
(3) A description of the facility, operation or site where the violation was documented with a specific description of the location of the violation
(4) A description of the violation.
(5) The statutes, regulations, or permit terms or conditions the EA has determined are being violated.
(6) A schedule, as described in section 18304.1(a), by which the operator is to take specified action(s).
(7) The penalty for not complying within the specified schedule, as described in section 18304.1(b).
(8) A notice informing the owner/operator of their right to appeal the notice and order to the hearing panel under PRC 44307.
(9) The date of issuance and signature of an authorized officer or employee of the EA.
(c) The notice and order shall be accompanied by a declaration or affidavit under penalty of perjury of an employee or officer of the EA stating that the allegations contained in the notice and order are based either on personal knowledge or information and belief. If the basis of the allegations is the personal knowledge of the declarant or affiant, the declaration or affidavit shall state generally how such knowledge was obtained, including the date of any inspection. If the basis of the allegations is information and belief, the declaration or affidavit shall state generally the source of the information; however, in no case shall the identity of an informant be required to be revealed.
(d) Within five business days of issuance of the notice and order, it shall be served on the owner and operator of the site, facility or operation, or person as applicable, in the following manner:
(1) If the site or facility has been issued a permit, or if an application for the site or facility is pending, or if the EA has received a Notification for the operation, by certified mail, return receipt requested, to the address last given by the owner and operator or by personal service if certified mail attempts are unsuccessful; or
(2) If no permit has been issued and no application is pending, or no Notification has been filed, by posting a copy at no less than one conspicuous place at the site or facility. Additional copies shall be mailed to addresses of the owner and operator if known to the EA.
(e) A copy of any notice and order shall be sent to the board within five business days of issuance.
Enforcement: For efficient administration, a single notice and order form will be used to initiate any of the various enforcement actions provided by the Act. However, it should be noted that certain enforcement actions are available only for certain types of violations.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code.
s 18304.1. Types of Notices and Orders; Enforcement Thereof.
The EA shall include in a notice and order at least one of the orders listed in subsection (a), and shall include the applicable notices listed in subsection (b):
(a) Orders
(1) Corrective Action Order
An order requiring the owner or operator of a facility, disposal site or operation to take specified action by a specified date to abate a nuisance, or to protect public health and safety or the environment.
Example: Typical circumstances under which this order may be issued: Conditions at the facility, disposal site or operation are creating a nuisance or posing a threat to human health and safety or the environment.
(2) Cease and Desist Order
An order requiring the owner or operator of a facility, disposal site or operation to cease and desist any improper action, as specified in PRC section 45005, by a specified date. Example: Typical circumstances under which this order may be issued: Facility, disposal site or operation is in violation of Division 30 of the Public Resources Code, any regulations adopted pursuant to Division 30, or causes or threatens to cause a condition of hazard, pollution or nuisance.
(3) Compliance Order
Upon any of the grounds specified in PRC section 45011(a)(1), an order establishing a time schedule according to which the owner or operator of the facility, disposal site or operation shall correct any violations and/or abate a potential or actual threat to public health and safety or the environment. Example: Typical circumstances under which this order may be issued: Facility, disposal site or operation is in violation of Division 30 of the Public Resources Code, any regulations adopted pursuant to Division 30, any corrective action or cease and desist order, or poses a potential or actual threat to public health and safety or the environment. A compliance order must be issued pursuant to PRC section 45011 as a prelude to the assessment of administrative civil penalties.
(b) Notices
(1) Notice informing the owner and operator that failure to comply by a specified date in a final corrective action order may result in the EA contracting for corrective action.
Enforcement: As more fully described in PRC section 45000, if the owner or operator fails to take corrective action as specified in a final order by the specified date, the EA or the board may either take corrective action itself or contract for corrective action to be completed by an outside party. Corrective actions taken by the EA, the board, or an outside party will be at the expense of the owner, operator or both and are recoverable pursuant to PRC section 45000.
(2) Notice informing the owner or operator that the EA may take action to impose administrative civil penalties upon failure to comply with applicable deadlines in a final compliance order.
Enforcement: Pursuant to PRC section 45011, if the owner or operator fails to achieve compliance by applicable deadlines in the order, the EA may impose penalties through written notification to the owner or operator. The notification shall include the amount of the penalty and the due date for payment, which in no case should be later than 30 days after the date the order becomes final.
(3) Notice informing the owner or operator that the EA is conditionally imposing administrative civil penalties in a specified amount per day with a specified start date for penalty accrual, upon failure to comply with applicable deadlines in a final compliance order.
Enforcement: If the owner or operator fails to achieve compliance by applicable deadlines in the order issued pursuant to PRC section 45011, the EA shall notify the owner or operator in writing of the amount of the penalty and the due date for payment, which in no case should be later than 30 days after the date the order becomes final.
(4) Notice informing the owner or operator that failure to comply by the deadline in a final order may result in the EA petitioning the superior court to enjoin the violations, and that continued violation after the granting of an injunction may be punishable as contempt of court.
Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by filing an appropriate petition in superior court.
(5) Notice informing the owner or operator that upon failure to comply with a deadline in a final order, the EA may bring an action in the superior court to impose upon the owner or operator civil penalties.
Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by filing an appropriate petition in superior court pursuant to PRC sections 45023 and 45024.
(6) Notice informing the owner or operator that the EA, subject to the applicable requirements of PRC sections 44305 and 44306, may take action to suspend or revoke the permit for the facility upon failure to comply with applicable deadlines in a final order.
Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by revoking or suspending the permit for the facility pursuant to PRC sections 44305 and 44306.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024 and 44305-44306, Public Resources Code.
s 18304.2. Final Orders.
An order becomes final when either:
(a) A notice and order has been requested by the operator and/or owner to be reviewed by the local hearing panel, and the hearing process has been completed pursuant to PRC sections 44307 & 44310, and any subsequent appeals to the board or Superior Court have been resolved pursuant to PRC sections 45030-45042, or;
(b) Within 15 days of receipt if no review was requested by the operator.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44307, 44310, 45017 and 45030-45042, Public Resources Code
s 18304.3. Mandated Enforcement Actions.
An EA shall take the following enforcement actions for specific violations or situations:
(a) Issue a cease and desist order to cease operations immediately if the EA determines that a solid waste facility is operating without a permit or that an operation is operating without proper notification;
(b) If a facility is included on the Inventory of Solid Waste Facilities Which Violate State Minimum Standards pursuant to PRC section 44104, the EA is required to develop a compliance schedule which ensures that diligent progress is made by the operator to bring the facility into compliance pursuant to PRC section 44106. The compliance schedule may be incorporated into a notice and order.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44002, 44104 and 44106, Public Resources Code.
s 18304.4. Notice of Compliance Status.
Whenever the LEA issues a notice and order pursuant to sections 18304 and 18304.1 or develops a compliance schedule, the LEA shall, 30 days after the final compliance deadline or expiration date in the order or schedule, provide notification of the compliance status with the order or schedule to the board. The notice of compliance status may be included as part of an LEA's periodic inspection report and shall include a determination as to whether the operator is in compliance with the notice and order or schedule and whether the notice and order or schedule has been completed, extended or enforced, as the LEA deems applicable and appropriate, along with the justification and reasoning for the determination.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code.
s 18304.5. Notification of Enforcement.
Upon the taking of any action described in a notice as authorized by section 18304.1, the LEA shall within five business days advise the board of the action in writing and include a copy of any court documents that have been filed.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code.
s 18305. Enforcement of Notices and Orders.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45300, 44501-44503 and 45505-45507, Public Resources Code.
s 18306. Emergency Actions.
(a) If the EA or the board determines that a violation exists that poses an imminent threat to public health and safety or the environment, the EA or the board may clean up, abate, or otherwise remedy the violation immediately upon failure of the owner and operator to take corrective actions by the deadline in a corrective action order issued pursuant to sections 18304 and 18304.1. An owner's or operator's request to review the EA's or board's action by a hearing panel pursuant to PRC section 44307, and any subsequent appeals, does not stay the effect of the order or prevent the EA or board from taking or contracting for corrective action.
(b) If any action is taken pursuant to subsection (a) of this section, the EA or the board shall give notice in the manner specified in section 18304(d) to the owner and operator as soon as practicable, but in no case later than five business days after taking the action. A copy of the notice shall be transmitted to the board within five business days of issuance.
(c) The EA or the board may bring an action in the superior or municipal court to recover the costs of emergency remedial measures. Upon the bringing of such an action, the EA shall advise the board of the action in writing accompanied by a copy of the complaint within five business days. When the board brings its own action in superior or municipal court, it shall notify the appropriate EA of the action in writing, accompanied by a copy of the complaint within five business days.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 45000-45024, Public Resources Code.
s 18307. Actions to Suspend or Revoke a Permit.
(a) If the EA determines that there is cause for suspension or revocation of a permit pursuant to PRC sections 44305 or 44306 respectively, and the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation, the EA may issue to the operator, via certified mail with return receipt requested or by personal service if certified mail attempts are unsuccessful, a Notice of Intent to Suspend (NIS) or a Notice of Intent to Revoke (NIR) the permit. The NIS or NIR shall inform the operator of the EA's intent to suspend or revoke the permit and of the operator's right to request the matter to be heard in front of the hearing panel pursuant to PRC section 44310. If the operator does not request a hearing within 15 days of receipt of the NIS or NIR, the EA may take action to suspend or revoke the permit without a hearing or it may hold a hearing prior to taking such action.
(b) The EA may, in its discretion, precede the issuance of the NIS or NIR filing by service of an appropriate notice and order in the manner specified in section 18304, or it may include the NIS or NIR within a notice and order as long as the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation.
(c) Within five business days of issuing a NIS or NIR, the EA shall notify the board by providing it with a copy of the NIS or NIR.
(d) If, after an NIS or NIR has been issued the proceeding to suspend or revoke a permit is terminated in any manner other than by decision of the hearing panel the LEA shall so advise the board in writing.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 44305-44310, Public Resources Code.
s 18308. Enforcement Actions by Board.
Note: Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45200, 45300 and 45506, Public Resources Code.
s 18309. Use of Performance Standards.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 18310. Statement of Intent.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 18311. Failure to Meet Performance Standards.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 18312. Review of Performance Standards.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 18313. Inspection.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 18350. Enforcement Actions by Board.
(a) Should the board find good cause exists for the issuance of a notice and order (N&O) or for the taking of any other enforcement action and should the board further find that the LEA has failed to take such an action pursuant to the LEA performance criteria in section 18084, the board may take such an action after implementing the following procedures:
(1) Request in writing an increased enforcement response by the LEA, consisting of additional enforcement action pursuant to its EPP and, if applicable, to a previously issued N&O, and offer technical assistance. The request shall include documentation of the lack of appropriate enforcement action on the part of the LEA;
(2) If the LEA fails to respond within 30 days of receipt of the request with an increased enforcement response, the board shall issue a Notice of Intent to Take Action (NIA) to the LEA and the operator. The NIA shall include the date and time for a board hearing which shall be scheduled in no case earlier than 30 days from the date the NIA is sent;
(3) If the LEA still fails to respond with an increased enforcement response, the board shall hold a public hearing regarding its intent to take action. At the hearing, the board may decide to take enforcement action or to take any other action to improve LEA performance pursuant to PRC section 43216.5.
(b) In taking enforcement action, the board shall follow applicable procedures set forth for the EA in sections 18304 through 18307, as applicable. Notice of such action shall be given to the LEA in the same time and manner required for notice to the board by the LEA pursuant to section 18304(e).
(c) Notwithstanding section 18350(a), if the board finds that the LEA's failure to take enforcement action causes an imminent threat to public health and safety or the environment, the board may take enforcement action, as it deems necessary without prior notification or hearing.
(d) For purposes of this section, an imminent threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the damages to persons, property, natural resources, or the public health or safety.
(e) In taking any enforcement action related to health standards as defined in section 17205, the board shall coordinate its activities with the State Department of Health.
Note: Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code.
s 18351. Assumption of Duties of EA.
(a) The board shall assume the duties of the EA upon occurrence of any of the following circumstances:
(1) Upon agreement of the board and local governing body and designation of the board in the manner provided by law; or
(2) Upon withdrawal of a designation where no new designation is made and approved.
(b) Whenever the board assumes the duties of an EA, it shall so notify the appropriate local governing body within 10 days of its assumption of the duties.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43202-43208, Public Resources Code.
s 18352. Filing of Papers.
s 18353. Hearing Panel.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44800-44801, Public Resources Code.
s 18354. Appeals.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45500-45504, Public Resources Code.
s 18355. Fee Schedules.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43212, 43213 and 44006, Public Resources Code.
s 18360. Authority and Scope.
(a) This Article sets forth the procedures associated with the Inventory of Solid Waste Facilities Which Violate State Minimum Standards, and the enforcement roles of both the enforcement agency and the board.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. This article should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code.
s 18361. Definitions.
The following definitions apply to Article 5.1.
(a) "Compliance schedule" means a written plan with milestone dates to achieve compliance for State Minimum Standard (SMS) violations. The compliance schedule could be proposed by the operator and approved by the enforcement agency or directed by the enforcement agency. The compliance schedule may be a stand-alone document or in the form of a Notice and Order pursuant to California Code of Regulations section 18304.
(b) "Executive director" means the executive director of the board or his/her designee.
(c) "Inventory" means a list of solid waste facilities operating in the State of California that have multiple violation(s) of the state minimum standards for solid waste handling and disposal. State minimum standards regulate the design and operation of solid waste facilities in order to protect public health and safety of the environment in Title 14 or Title 27, California Code of Regulations.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44104 and 44106, Public Resources Code.
s 18362. Notice of Intent to List a Facility for Inclusion on the Inventory.
(a) If, at a permitted facility, the enforcement agency documents the same State Minimum Standards violation(s) for two consecutive months during its inspections, then the board will send a notice of intent letter to the operator and landowner of the facility. This letter is a notification to the operator/owner of a permitted facility that the board intends to place the facility on the Inventory if the violation(s) is not corrected within 90 days of receipt of the notice. The notice of intent letter will be sent by certified mail.
(b) The board must consult with the enforcement agency verbally or in writing before sending a notice of intent letter to ensure that the notification is based on current information.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
s 18363. Rescission of the Notice of Intent to List a Facility on the Inventory.
(a) If the enforcement agency provides written documentation that the facility is no longer in violation of all of the standard(s) listed in the notice of intent letter during the 90-day notice of intent period, then a rescission letter will be sent to the operator and landowner by the board. The rescission letter will be sent by certified mail.
(b) The enforcement agency must indicate compliance on an inspection report developed at the time compliance is determined or on the next inspection report after the determination.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
s 18364. Inclusion of a Facility on the Inventory.
(a) If the violation(s) listed on the notice of intent letter is not corrected on or before the 90th day subsequent to the operator's receipt of the notice of intent letter, then the board will send another letter to the operator and landowner as notification that their facility has been placed on the Inventory. The inclusion letter will state the violation(s) to be listed on the Inventory, including those on the notice of intent letter that have not been complied with, and will be sent by certified mail.
(b) The board must consult with the enforcement agency verbally or in writing before sending out an inclusion letter to ensure that the notification is based on current information.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
s 18365. Compliance Schedule.
(a) Within 15 business days following the date of the inclusion letter, the enforcement agency must issue a compliance schedule to the operator of the facility pursuant to PRC 44106(a). Within 5 business days of issuance of the compliance schedule, a copy will be sent to the board.
(b) The compliance schedule must have the final compliance date within one year from the date of the inclusion letter. The enforcement agency may issue a compliance schedule for more than one year but not to exceed two years, after informing the executive director in writing. A one-year extension beyond two years may be made prior to the expiration of the two-year period upon approval by the executive director. The executive director shall report any such approvals or disapprovals to the Board.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44106, Public Resources Code.
s 18366. Removal of a Family from the Inventory.
(a) When the enforcement agency provides the board with written documentation that the facility is no longer in violation of all the standard(s) listed on the inclusion letter, then a removal letter will be sent to the operator and landowner by the board. The removal letter will be sent by certified mail within 15 days of the receipt of the LEA documentation.
(b) The enforcement agency must indicate compliance in an inspection report developed at the time compliance is determined or in the next inspection report after the determination.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44104 and 44106, Public Resources Code.
s 18367. Publishing the Inventory.
(a) The Inventory will be published twice a year in board meeting minutes. Updates to the published Inventory will be made as needed.
(b) Each city council or county board of supervisors with a facility in its jurisdiction on the Inventory will receive a copy of the twice a year published Inventory. The jurisdiction will be notified when the facility is removed from the Inventory.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code.
s 18368. Penalties.
(a) The enforcement agency may issue enforcement orders as it deems appropriate pursuant to Public Resources Code, Division 30, Part 5 (commencing at section 45000) and Title 14, California Code of Regulations, Division 7, Chapter 5, Article 4 (commencing at section 18301).
(b) The enforcement agency may revoke the permit of a solid waste facility that does not meet the requirements contained in the compliance schedule issued by the enforcement agency until the violation(s) of state minimum standards which caused the facility to be included in the Inventory are remedied, pursuant to Public Resources Code, Division 30, Part 4, sections 44305 and 44306, and Title 14, California Code of Regulations, section 18307.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44106 and 45000-45024, Public Resources Code.
s 18400. Definitions.
For the purposes of this article, the definitions found in Public Resources Code sections 46021-46028 shall apply unless otherwise indicated. The following supplementary definitions shall also govern the construction of this chapter:
(a) "Approved lending institutions" means banking organizations, including national banking associations and state chartered commercial banks and trust companies; savings and loan associations; and state and federal agencies authorized to make loans, such as the California Pollution Control Financing Authority.
(b) "Borrower" means an owner or operator of a solid waste landfill who applies for a loan, and meets the eligibility requirements set forth in section 18401 of these regulations.
(c) "Default" means the failure of a borrower or debtor to pay, when due, the principal and/or the interest owed:
(1) on an installment if the note is written for installment payments; or
(2) on maturity of the note if the note is written for a lump sum payment; or
(3) on demand of the lender if the lender has exercised the note's acceleration clause.
In the absence of the conditions stated above, failure of the debtor to comply with terms or conditions attached to a note shall not in itself constitute a default that would allow the lender to file a claim against the guarantee.
(d) "Qualifying" corrective actions are those actions which are required by a state or local enforcement agency to protect the public health or the environment, including but not limited to, events related to water contamination, air pollution, and methane gas migration at solid waste disposal facilities, and which are neither provided for in the closure or postclosure maintenance plans for a facility which are required by section 18255 of this Title; nor are required to be set forth in a facility's closure and postclosure maintenance plans by sections 18261 through 18265.3 of this title.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46021-46028, 46300-46301, 46303 and 46350-46353, Public Resources Code.
s 18401. Loan Guarantee Criteria.
The Board may guarantee a loan only if it determines that the borrower meets the following criteria:
(a) The borrower has met the requirements, if applicable, of Public Resources Code section 46202.
(b) The loan guarantee, if provided, shall be used to secure a loan from an approved lending institution to implement a qualifying corrective action, which is required to be taken pursuant to section 41805.5 of the Health and Safety Code or section 13273 of the Water Code, or pursuant to directions from a state or local enforcement agency.
(c) The borrower is unable to secure adequate finances for a qualifying corrective action and has provided written evidence that this guarantee is necessary in order to secure adequate finances. Evidence may include, but is not limited to, credit evaluations from approved lending institutions indicating that a guarantee is needed in order for the loan to be made.
(1) The landfill owner or operator shall have attempted to secure financing through conventional funding mechanisms. including but not limited to increased tipping fees, to cover the cost of implementing the corrective action.
(2) The borrower is unable to obtain the required financing from any of its parent, subsidiary or associated enterprises.
(d) If the facility is in the process of closing,the borrower must be undertaking the planned closure and postclosure maintenance activities. If any part of the facility has already been closed, the borrower must be undertaking the planned closure and postclosure maintenance activities on the closed portion.
(e) The borrower is able to repay the loan.
(1) Evaluation of the borrower's ability to repay shall be based on the borrower's financial statements for the previous three (3) years.
(A) Each of these statements shall consist of a balance sheet, an income statement, and a statement of changes in financial position, all of which will have been prepared according to generally accepted accounting principles.
(B) If the latest complete financial statement is more than six (6) months old, an interim financial statement not older than sixty (60) days shall be included.
(2) If financial statements are not available, the borrower will provide other information acceptable to the Board which establishes a financial ability to repay the loan, such as:
(A) Income tax returns,
(B) Credit reports from Retail Credit Association and other credit reporting agencies,
(C) An appraisal report showing the value of real and personal property which is suitable as collateral.
(f) The loan which is to be guaranteed will be secured by collateral as the Board may require, such as, but not limited to, a mortgage or security interest in real estate, and buildings or personal property of the borrower. These items may only be subject to encumbrances that the Board may approve, such as, assignment or pledges of leases, and personal or corporate guarantees. Only the unencumbered equity portion of the property accepted as collateral shall be considered as collateral. Personal guarantees of the principals shall be required, unless reasons satisfactory to the Board are presented which justify not requiring such guarantees.
(1) Real state or stationary machinery or equipment pledged as a significant portion of collateral for repayment of a guaranteed loan shall be located within the State of California. Real estate pledged as collateral shall not include land which has been used as a solid waste disposal site.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46205 and 46303-46307, Public Resources Code.
s 18402. Priority.
The allocation of loan guarantee funds by the Board shall be in accordance with the following order of priority:
(a) First priority will be given to applicants who need to secure financial resources for the mitigation of identified hazards to public health, damage to the environment, or nuisance to the public, of greatest severity, which are created by solid waste landfills and entail qualifying corrective actions as defined in section 18400 of this article.
(b) In the event that applications to mitigate hazards of equal severity are received, priority will be given to those applications where it is shown that there will be the greatest increase in the costs associated with the anticipated corrective action, if the corrective action is delayed.
(c) In the event that a priority between applications cannot be established by subsections (a) and (b), priority will be given to those applicants who demonstrate the best record of compliance with applicable law, regulations and permits required in the operation of landfill facilities.
(d) In the event that a priority between applications cannot be established by subsections (a) through (c), priority will be given to those applications with the smallest dollar value, in order to allow the maximum number of guarantees to be made within the limits of the Loan Guarantee Program.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46306 and 46307, Public Resources Code.
s 18403. Loan Guarantee Size.
(a) The minimum loan amount that will be guaranteed is the smallest amount which an approved lending institution is willing to loan to the borrower.
(b) The maximum loan guarantee amounts shall be subject to the following limitations:
(1) A loan guarantee will not exceed $1,000,000 or the cost of the specified corrective action, whichever is less.
(2) The total loan guarantee amount awarded to any one borrower will not exceed fifty percent (50%) of the balance of funds in the Account allocated for loan guarantees at the time the guarantee is awarded.
The Board may guarantee a loan in excess of these limits if it determines that a guarantee with a greater value is necessary to mitigate hazards to public health, damage to the environment, or nuisance to the public.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46300, 46301 and 46303, Public Resources Code.
s 18404. Loan Guarantee Period.
(a) A loan guarantee will expire sixty (60) months after the effective date of the guarantee of on the date the loan is repaid, whichever occurs first.
(b) A guarantee may be renewed prior to its termination. The Board will determine whether to renew a guarantee using the samecriteria and procedures used to establish a new loan guarantee. (continued)