LEA Evaluations

Enforcement Program Plan Annual Update Guidance

Updated July 2006

This document offers guidance to Local Enforcement Agencies (LEA) regarding the annual updates for the Enforcement Program Plan (EPP). Per 14 CCR 18081(e)(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.”

When submitting the EPP updates to the California Integrated Waste Management Board (CIWMB), LEA Program Assistance and Evaluation Section, please attach a cover letter detailing which of the EPP components have been updated and which remain unchanged. When applicable, please provide instructions as to which pages are to be replaced and which are to be added to the EPP.

Guidance for EPP Updates

Enforcement Program Plan (EPP)-14 CCR 18077(a) Sections 1-13

1. Certification request letter

Are there any types of proposed solid waste facilities for which the LEA has no certification? If so, please submit a request for additional certification.

2. Designation Information Package (DIP) (14 CCR 18051)

1. Form 1000-Notice of Designation of Local Agency

Check the Form 1000 to ensure it reflects current LEA information. If the information has changed, you may submit the new information in a letter format. A new Form 1000 with a local governing body signature is only required if the designated agency or its jurisdiction has changed.

2. Designation Approval Cover Letter

Not required to be updated.

3. Certified copies of all resolutions establishing designation.

If there is a newly incorporated city(ies) within the jurisdiction which affects the majority requirement for certification, please provide a copy of city council resolution(s) designating your agency as the LEA.

4. Organizational chart documenting the separation of the designated agency (LEA) from any public agencies or departments that are operating units under the local governing body.

If there are any changes to this chart, please provide an updated copy and contact CIWMB Evaluation staff to discuss.

5. Organizational chart documenting the organization of the designated agency (LEA).

If there are any changes to this chart, please provide an updated copy and contact CIWMB Evaluation staff to discuss.

6. Hearing panel/officer identification.

In 2004, Assembly Bill 2159 was adopted which modified two key elements in the Public Resources Code (PRC) regarding LEA hearing panels:

1. The local governing body may appoint a Hearing Officer--[PRC Section 44308(d)]
   Call CIWMB Evaluation staff for guidance if your jurisdiction wishes to pursue this option.
2. Term for Independent Hearing Panel members changed from 2 to 4 years--[PRC Section 44308(a)(5)]
   Review Hearing Panel/Hearing Officer documentation for changes. The documentation must include current information for the following:
   • The type of hearing panel/hearing officer established (Independent, Local Governing Body, Hearing Officer)
   • Name, address, and telephone number of each panel member/officer
   • Independent panel member’s role: technical expert, governing body representative, or member of the public-at-large
   • Date of each member’s appointment and term expiration date

7. 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.

When an existing city withdraws its LEA designation or there are changes in 2c above, the LEA must revise this component.

8. Enumeration of every solid waste facility and disposal site in the jurisdiction including permitted, closed, abandoned, exempt, illegal, and inactive facilities. The enumeration is to include site addresses, owner/operators names and addresses, and emergency phone numbers. Also, indicate if the site lies within the unincorporated or incorporated area of the jurisdiction.

Review the list and revise to reflect complete and current information.

9. Enumeration of every solid waste handling and collection operator in the jurisdiction. The enumeration shall include the requirements of 14 CCR 17332 (name, office, address, phone number, emergency phone number, number and types of vehicles used for solid waste collection and types of materials authorized for handling).

Review the list and revise to reflect complete and current information. A sample form is provided for your use (Adobe PDF, 26 KB | MS Excel, 18 KB). You may request an electronic version of this form from CIWMB Evaluation staff.

3. A statement of EPP goals and objectives

If the LEA’s goals and/or objectives for the program have changed, please describe.

4. A copy of all enabling ordinance(s) or resolutions(s) for the LEA jurisdictional authority

This is addressed in item 2c above.

5. A copy of all local solid waste collection, handling, storage, and disposal statutes or ordinances.

Provide copies of any new local solid waste ordinances or modifications of existing ordinances for the LEA jurisdiction.

6. A comprehensive list of all types of solid waste facilities and disposal sites, and solid waste handling/collection vehicles within the jurisdiction

Provide a total count of facilities by categories (e.g., total number each of active landfills, transfer stations, closed landfills, etc.) that you provided in items 2h and 2i above. This data will be used for the time task analysis (item 7 below).

7. Time task analysis demonstrating the adequacy of staff resources

The time task analysis is an assessment of the LEA tasks, duties, training, etc, and the time required to complete these tasks. Use the list from item 6 above to project necessary staff resources. Reflect any tasks that now require more staff time (i.e., enforcement, new permits, additional inspections, etc.). Also, a full time equivalent (FTE) consists of 1840 hours per year (see Title 14, CCR, 18073).

8. Staff and technical expertise adequacy

If there are any LEA program staffing changes or changes in the time task analysis (per item 7 above) that would alter the number of staff needed to perform LEA duties and responsibilities, document these changes.

9. Operating budget demonstrating adequacy of budget resources

The operating budget/anticipated expenditure and revenue sources must be updated annually. For budget components, see Title 14, CCR, 18074.

10-13. Procedural manuals

Currently, EPPs contain procedures for:

• Staff training,
• Permitting and closure/postclosure,
• Inspection, investigation, compliance assurance, enforcement, hearing panel utilization, and
• Disposal site identification, assessment, and corrective actions.

These documents may include specific task references to statute, regulations, advisories, or other guidance materials provided by the CIWMB. They need to be updated to reflect statutory and regulatory changes or their references. However, in lieu of revising your permitting and/or your disposal site assessment procedures, you may choose to include by reference the on-line procedures found in the CIWMB’s Permit Toolbox and/or Closed, Illegal, and Abandoned Sites website. Both websites contain procedures consistent with regulations.

Last updated: November 01, 2007