Local Enforcement Agency (LEA) Odor Management Workshops

Enforcement Tool Reference Sheet

LEA Responsibilities

The LEA is responsible for enforcement within its jurisdiction regarding solid waste handling and disposal, pursuant to 30 PRC 43209 and 14 CR 18081 and 18084 including:

• Solid Waste Facility Permit Terms and Conditions
• 14 CCR 17850 et seq. – Composting Operations Regulatory Requirements

14 CCR 18081(c) requires that all facilities shall be in compliance with State Minimum Standards, the terms and conditions of the permit, or be under appropriate enforcement action(s) pursuant to 14 CCR 18084 to remedy the violations.

Enforcement Options

Enforcement options available to LEAs to bring facilities into compliance are described in PRC sections 43000 – 45024 and 14 CCR sections 18301 – 18313. The following enforcement options are available to LEAs:

Inspections

LEAs are required pursuant to PRC 43218 and 14 CCR 18083 to inspect all solid waste facilities (this includes composting facilities) at specified frequencies. The LEA identifies and documents all violations and areas of concern. The report may direct the operator to correct the violations.

Notice of Violation

A Notice of Violation (NOV) is a separate notice to the operator, usually following up an inspection report, which focuses on a particular violation.

90- Day Notice of Intent (NOI)

Board and LEA staff implements the Inventory of Solid Waste Facilities Which Violate State Minimum Standards (Inventory) as required by PRC 44014. Any facility, including a composting facility, which has a repeat violation for the same standard during a two-month period is issued a NOI. Failure to correct the violation(s) within 90 days results in inclusion of the facility on the Inventory. Once a facility is included on the Inventory, PRC 44106 requires the LEA to develop a compliance schedule which will ensure that diligent progress be made to bring the facility into compliance. The compliance schedule may be a stand alone document or in the form of a N&O pursuant to PRC 45011.

Notice and Orders

LEAs have the authority and responsibility to pursue more serious enforcement actions and legal measures to correct any SMS or SWFP violations, as necessary. Orders include the following types:

• Corrective Action Order (PRC 45000)
• Cease and Desist Order (PRC 45005)
• Compliance Schedule Order [PRC 45011(a)(1)]

The LEA may choose to combine in one N&O any of the three types of orders listed above.

Notices include the following types:

• Notice for Administrative Civil Penalties
• Notice that failure to comply may result in the LEA petitioning the superior court to enjoin the violations, and that continued violation after granting of an injunction may be punishable as contempt of court
• Notice that failure to comply with a compliance deadline may result in an action in the superior court to impose civil penalties [PRC 45014(c) and 45023]
• Notice that the LEA may take action to suspend or revoke the permit upon failure to comply with the applicable compliance deadlines (PRC 44305 and 44306)

The LEA may combine the above notices into a N&O in any combination.

Stipulated Notice and Order

The LEA and operator sign the Stip. The operator signs the Stip when he/she agrees with its terms and conditions. The main difference between a Stip and a compliance agreement is that the Stip contains notices or remedies regarding further enforcement action for non-compliance, while the compliance agreement does not.

Storage and Chipping & Grinding

Storage and chipping & grinding activities are subject to civil penalties [$10,000/day pursuant to PRC 45023(c)]. However, authority doesn’t exist for administrative civil penalties [PRC 45010 only applies to solid waste facilities - $5,000/day, $15,000 maximum].

Possible Future Enforcement Option - Agreement To Operate

An operator of a compostable organic material transfer/processing operation or facility that receives three (3) consecutive violations of the same State Minimum Standard in a twelve-month period may be required to enter into an Agreement to Operate (ATO) by the enforcement agency, unless the operator chooses to obtain a full SWFP [appeal process]. The ATO shall be signed by the operator and enforcement agency and a copy forwarded to the CIWMB.

The ATO shall include a Report of Composting Site Information that reflects current operations or references it if a copy has already been received by the enforcement agency.

The ATO shall include the following:

1. The frequency at which inspections will be conducted by the enforcement agency;
2. Criteria that would trigger an additional investigation/inspection by the enforcement agency;
3. Specific enforcement action(s) to be taken by the enforcement agency f the ATO is broken (e.g., cease & desist, monetary penalties, etc.);
4. A description of the training program for site personnel to maintain the operation or facility in compliance with the ATO.

The ATO, at the discretion of the enforcement agency, may also include the following:

1. Site specific conditions;
2. Enforcement agency funding for investigative costs;
3. Specific site conditions (e.g., design capacity) which would automatically require the operation or facility to cease accepting additional material;
4. Emergency provisions defining how and where materials would be re-directed;
5. Additional record keeping requirements;
6. Self-monitoring option;
7. A financial assurance mechanism;
8. Performance levels (e.g., the maximum allowable number of documented complaints for odor, litter, and noise) that if broken result in enforcement action;
9. Additional design requirements.

The ATO shall remain in effect for a period of five (5) years unless:

1. The operator fails to comply with the ATO, as determined by the enforcement agency [appeal process?]; or
2. The operator chooses to obtain a full SWFP.

If there is a change of operator, the ATO is void and the new operator shall enter into a new ATO with the enforcement agency or obtain a full SWFP.

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Last updated: April 18, 2008