Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 3. Minimum Standards for Solid Waste Handling and Disposal

Article 3. Emergency Waiver of Standards

Section 17210 Scope and Applicability.
(a) This article informs an operator, who holds a valid solid waste facilities permit, of the process for applying for an emergency waiver of standards (waiver) in the event of a state of emergency or local emergency. The waiver grants an operator temporary relief from specific standards imposed by this Division or specific terms or conditions of a solid waste facilities permit issued pursuant to this Division. This Article implements and makes specific those provisions of Section 43035 of the Public Resources Code relating to the integrated waste management disaster plan.

(b) This Article is not intended to limit the authority of the state or a local agency during a disaster or emergency.

Section 17210.1 Definitions.
(a) "Agency" means the local agency responsible for compiling the disposal information from haulers and operators. The county is the agency, unless a region is given the responsibility as part of a regional agreement.

(b) "Board" means the California Integrated Waste Management Board.

(c) "Disaster" means a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood.

(d) "Disaster Debris" means nonhazardous solid waste caused by or directly related to a disaster.

(e) "Diversion" means the directing of solid waste from disposal or transformation by means of recycling, reuse, or composting.

(f) "Emergency Waiver of Standards" means the document signifying approval by an enforcement agency which allows an operator, who holds a valid solid waste facilities permit, the ability to deviate from specified state minimum solid waste standards or terms or conditions of a solid waste facilities permit issued pursuant to this Division. The waiver applies to the origin of waste; the rate of inflow for storage, transfer, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer or disposal of wastes, at a solid waste facility. This includes the establishment of a locally-approved temporary transfer or processing site, if authorized by the enforcement agency.

(g) "Enforcement Agency" means the agency designated pursuant to the requirements set forth in Public Resources Code, sections 43200 through 43221, or the Executive Director of the Board in the event that the enforcement agency (EA) is incapable of responding due to the nature of the emergency.

(h) "Extent Feasible" is evidenced by the use of maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other nonhazardous waste received by the solid waste facility as possible, as determined by the operator.

(i) "Jurisdiction of Origin" means the incorporated city or the unincorporated area of the county where the waste originated.

(j) "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, as described in Government Code section 8558(c), which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, as stated in the proclamation by the governing body of a county, city and county, or city, or by an official so designated by ordinance adopted by such governing body to issue such proclamation.

(k) "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, as described in Government Code section 8558(b), which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, as stated in a proclamation by the Governor.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021, and 43035 of the Public Resources Code.

Section 17210.2 Purpose and Limitation of Emergency Waiver.
(a) An emergency waiver may only be issued when there has been a proclamation of a state of emergency or local emergency, as those terms are defined in this Article.

(b) An EA may approve and issue a waiver for the express purpose of enabling an operator of an existing permitted solid waste facility, a locally-approved temporary transfer or processing site, or a locally-approved temporary compostable material handling activity, to accept disaster debris and other nonhazardous wastes, in a manner not consistent with the terms and conditions of the relevant solid waste facilities permit or applicable state minimum standards, during the recovery phase of a state of emergency or local emergency.

(c) The waiver may apply to specified state minimum solid waste standards or a specific term or condition of a solid waste facilities permit at an existing solid waste facility, a locally-approved temporary transfer or processing site, or a locally-approved temporary compostable material handling activity, which are related to the following: the origin of waste; the rate of inflow for storage, transfer, processing, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer, processing, or disposal of nonhazardous waste.

(d) The effective period of an initial waiver, once granted by the EA, shall not exceed 120 days. Upon receipt of the reports required in section 17210.5, the EA may extend the effective period of a waiver, as necessary, to assist in the recovery from an emergency.

(e) All other state minimum standards and permit conditions which are not the subject of the waiver shall remain in effect.

(f) A waiver may be modified, canceled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:

(1) The use of such a waiver will cause or contribute to a public health and safety or environmental problem;

(2) The terms of the waiver are not being used expressly to handle the state of emergency or local emergency and are not in the best interest of the public health and safety;

(3) The waiver is no longer necessary;

(4) The solid waste facility operator is not utilizing disaster debris diversion programs to the extent feasible.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021, and 43035 of the Public Resources Code.

Section 17210.3 Request for an Emergency Waiver.
(a) An operator may apply to an EA for a waiver after a disaster or emergency situation as defined in this Article, has been declared. The waiver shall only be granted with the express approval of the EA following a proclamation of emergency or declaration of disaster at the local or state levels.

(b) To obtain a waiver, a solid waste facility operator shall submit a written request to the EA. The request for a waiver shall include, but not be limited to, the following information:

(1) A listing of the existing solid waste facilities permit terms and conditions to be waived in order to facilitate recovery and disposal of disaster debris in the event of a declared disaster or emergency;

(2) A statement of the remaining disposal capacity of the solid waste disposal facility at the time of the request;

(3) A description of all facility-related diversion programs and on-site recycling facilities; and

(4) A listing of locally-approved temporary transfer or processing sites to be used to store disaster debris for future reuse or recycling.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40001, 40002, 43020, 43021, and 43035 of the Public Resources Code.

Section 17210.4 Granting an Emergency Waiver.
(a) The EA may grant a waiver during a proclamation of emergency upon making the following findings:

(1) If the waiver is for an existing permitted solid waste facility, the operator applying for the waiver holds a valid solid waste facilities permit;

(2) The waiver will not pose a threat to public health and safety or the environment;

(3) The operator identifies and implements, to the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related waste.

(b) Within 7 days of receipt of the solid waste facility operator's request for a waiver, the EA shall notify the solid waste facility operator in writing whether or not the request for waiver has been granted. If the proposed waiver is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may reapply for the waiver at a later date or submit necessary documentation to receive the waiver immediately.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021 and 43035 of the Public Resources Code.

Section 17210.5 Reporting Requirements for a Solid Waste Facility Operator
(a) The solid waste facility operator shall submit a written report to the EA and the local county agency (agency) within 90 days of activation of the waiver and every 90 days thereafter for the effective period of the activated waiver.

(b) The written report shall include the following information:

(1) The daily amount of disaster debris received, diverted, and disposed at the facility;

(2) The jurisdiction of origin for the disaster debris received at the facility;

(3) The increase in tonnage or volume of waste received per day during the effective period of the activated waiver; and

(4) The facilities used to process the disaster debris.

(c) If pursuant to section 17210.2(d) of this Article, the waiver is extended beyond 120 days, the operator shall submit a report, as described in subparagraph (b), to the EA and agency. The report shall be submitted once every 90 days until the end of the effective period of the waiver.

(d) After the activated waiver expires, the solid waste facility operator shall continue to submit the information requested in item (b) above to the EA and agency, every 90 days, until there is no longer any discernible disaster related waste being processed or stored at the facility.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021, and 43035 of the Public Resources Code.

Section 17210.6 Reporting Requirements for an Enforcement Agency
(a) The EA shall transmit a copy of the approved waiver to the Board within 15 days of its issuance.

(b) The EA shall submit a copy of the operator's written reports to the Board within 30 days of the receipt of the reports.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021, and 43035 of the Public Resources Code.

Section 17210.7 Selection of a Solid Waste Facility for Emergency Disposal and Diversion.
(a) In the event of a state of emergency or local emergency, the EA shall do the following:

(1) Assist the local government within its jurisdiction by providing a list of solid waste disposal facilities which have been granted a waiver. The list shall include site capacity for acceptance of waste, hours of operation, daily tonnage limits during the emergency, and on-site recycling and diversion for disaster-related debris.

(2) Survey the solid waste facilities within its jurisdiction and determine the diversion programs available at the facilities. Diversion information will be made available by the EA to an affected local jurisdiction and to the public during a declared emergency.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021, and 43035 of the Public Resources Code.

Section 17210.8 Authority of an Enforcement Agency.
(a) An EA may approve waivers of minimum standards and specific terms or conditions of a solid waste facilities permit, as needed, to respond to a disaster or emergency situation, as defined in section 17210.1.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020, and 43021 of the Public Resources Code.

Section 17210.9 Executive Director's Powers and Duties Relative to the Emergency Waiver.
(a) Once the waiver is issued, the Executive Director of the Board shall review all EA waiver approvals. The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver, if it is determined that use of the waiver would cause harm to public health and safety, or the environment.

(b) The Executive Director may condition, limit suspend, or terminate an operator's use of a waiver if it is found that the operator has not utilized reasonably available waste diversion programs as identified in its waiver documentation.

(c) The Executive Director shall report to the Board at a regularly scheduled meeting any granting of a waiver, and all determinations made concerning the waiver.

Authority cited:
Sections 40502 and 43035 of the Public Resources Code.

Reference:
Sections 40002, 43020, 43021 and 43035 of the Public Resources Code.

Article 3.5.Temporary Waiver of Terms.

Section 17211 Scope and Applicability
(a) This article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act), commencing with Section 40000 of the Public Resources Code, as amended. These Regulations should be read together with the Act.

(b) The purpose of this Article is to provide a means for an enforcement agency (EA) to authorize a temporary waiver from specific terms and conditions of a solid waste facilities permit for a limited period during a temporary emergency as defined in Section 17211.1(b). This Article does not authorize relief from requirements of State Minimum Standards, set out in Title 14, California Code of Regulations, Chapter 3, or other standard or requirement adopted by the Board.

(c) Pursuant to this Article, an Enforcement Agency (EA) may issue a stipulated agreement defined in Section 17211.1(a) that provides a temporary waiver of specific terms and conditions of a solid waste facilities permit during a temporary emergency.

(d) This article informs an operator, who holds a valid solid waste facilities permit, of the process for requesting a stipulated agreement in the event of an temporary emergency.

(e) This Article is not intended to limit the authority of the state or a local agency, including the EA or the Board to enforce the terms and conditions of a solid waste facilities permit that are not subject to the stipulated agreement, State Minimum Standards, and provisions of the Act.

Note:

Authority cited:
Section 40502 of thePublic Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.1 Definitions
In addition to the definitions set forth in Section 17210.1 of Article 3, of this Chapter, the following definitions apply to this Article 3.5:

(a) "Stipulated agreement" means an enforceable document written by the EA, pursuant to Division 30, Public Resources Code, Section 45011(a), that provides a temporary waiver of specified terms and conditions of a solid waste facilities permit issued to an operator pursuant to this Division. The stipulated agreement is subject to appeal through the appeal process set out in Division 30, Public Resources Code, Parts 5 and 6.

(b) "Temporary emergency" means a temporary, unforeseeable circumstance, which results in a situation where it is necessary, in order to protect the public health and safety or the environment as determined by the EA, to waive specified terms and conditions of a solid waste facilities permit. "Temporary emergency" does not include competitive market changes or a failure on the part of the operator, the EA or a local government agency to plan for reasonably foreseeable future events. Further, because they are not unforeseeable, circumstances resulting from a labor controversy arising from issues at one or more solid waste facilities are not a "temporary emergency" with respect to the facility or facilities at which the labor controversy occurs.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) and Division 30, Parts 5 and 6 of the Public Resources Code.

Section 17211.2 Purpose and Limitation of a Stipulated Agreement
(a) A stipulated agreement may only be used in the event of a temporary emergency.

(b) A stipulated agreement may only be used when the EA and operator agree that the circumstance contributing to the temporary emergency was unforeseeable.

(c) An EA may use a stipulated agreement for the express purpose of enabling an operator of an existing permitted solid waste facility to operate in a manner not consistent with the terms and conditions of the solid waste facilities permit.

(d) The operator must comply with the terms and conditions of the solid waste facilities permit until such time as a stipulated agreement is provided by the EA.

(e) The term of the stipulated agreement once granted by the EA, shall not exceed 90 days. The EA may grant one or more extensions of 90 days or less as allowed in Section 17211.6.

(f) All permit terms and conditions, which are not the subject of the stipulated agreement, shall remain in effect.

(g) A stipulated agreement may be modified; cancelled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:

(1) The use of the stipulated agreement causes or contributes to, or threatens to cause or contribute to, harm to the public health and safety or the environment;

(2) The terms of the stipulated agreement are not being used expressly to handle a temporary emergency and are not in the best interest of the public health and safety or the environment;

(3) The solid waste facilities permit has been revised to include terms and conditions that address the temporary emergency.

(4) The temporary emergency no longer exists (so the stipulated agreement is no longer necessary).

(h) A stipulated agreement shall be cancelled or revoked by the EA without advance notice should the EA determine that the operator in not in compliance with the time frames and requirements included in the stipulated agreement under Section 17211.5 (c) and (d).

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.3 Request for a Temporary Stipulated Agreement
(a) An operator may make a request to an EA for a stipulated agreement.

(b) To obtain a stipulated agreement, the operator shall submit a written request to the EA. The request for the stipulated agreement shall include the following information:

(1) A description of the temporary emergency, including a description of how the circumstance was unforeseeable, which justifies a waiver.

(2) The specific changes in operation or design at the facility required to address the temporary emergency.

(3) The specific terms and conditions of the facility's existing solid waste facilities permit from which the operator is requesting a waiver.

(4) A requested date to begin implementation of the stipulated agreement.

(5) Actions the operator will take so the stipulated agreement in no longer needed including milestones and associated timelines with specific dates.

(6) Evidence acceptable to the EA that the operation of the facility under a stipulated agreement is compliant with all applicable land use entitlements, all other permits affecting the facility, all applicable federal, state, and local laws and regulations, and the California Environmental Quality Act.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.4 Issuing a Stipulated Agreement
(a) The EA may issue a stipulated agreement upon making the following determinations:

(1) A temporary emergency exists.

(2) The operator requesting a stipulated agreement holds a valid solid waste facilities permit for the facility.

(3) The operator is in compliance and has demonstrated good faith in maintaining compliance with state minimum standards and the terms and conditions of the existing solid waste facilities permit.

(4) It is necessary to waive specified terms and conditions of a solid waste facilities permit in order to protect the public health and safety or the environment.

(5) Operation under the stipulated agreement will not pose a threat to public health and safety or the environment.

(6) Any restrictions, conditions, or terms contained in the stipulated agreement have been agreed upon by the EA and the operator.

(7) A stipulated agreement may not be used for a recurring temporary emergency addressed by a previous stipulated agreement.

(b) Within 5 working days of receipt of the operator's request for a stipulated agreement, the EA shall notify the operator in writing whether or not the request for a stipulated agreement has been granted.  If the proposed stipulated agreement is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may again request the stipulated agreement at a later date or submit necessary documentation to receive the stipulated agreement.

(c) If a stipulated agreement is not requested or a request is denied, the EA may address the changes required to address the temporary emergency through the processes and mechanisms included in Chapter 5, Article 4.

(d) In the event the Executive Director conditions, limits, suspends, or terminates an operator's use of a stipulated agreement pursuant toe Section 17211.9(a), the EA shall not find that an operator has violated any of the specific terms and conditions waived by the stipulated agreement for a violation occurring during the period between the EA's written approval of the stipulated agreement and the effective date of the Executive Director's action under Section 17211.9(a) when the Executive Director's action has the effect of setting aside or limiting the waiver of any such specific terms and conditions.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.5 Contents of a Stipulated Agreement
Contents of a stipulated agreement are as follows, but not limited to:

(a) Specific terms and conditions of the solid waste facilities permit that are subject to the stipulated agreement.

(b) Justification for providing the stipulated agreement, including evidence supporting the finding made by the EA.

(c) The specific changes in operation or design at the facility required to address the temporary emergency.

(d) Term of the stipulated agreement, including commencement date, termination date and whether request for one or more extensions will be entertained under appropriate and specified circumstances.

(e) Actions the operator will take including milestones and associated timelines with specific dates to revise its solid waste facilities permit or to modify its operations so that the facility will no longer need the stipulated agreement.

(f) Actions the EA will take if applicable to assist the operator to revise its solid waste facilities permit or to modify its operations or design so that the facility will no longer require the stipulated agreement.

(g) Evidence demonstrated through the signatures of both the operator and the EA, that the operator and EA have agreed to the requirements set out in the stipulated agreement.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.6 Reporting Requirements for a Solid Waste Facility Operator
(a) The solid waste facility operator shall submit a written report to the EA within 10 days prior to the termination date of the stipulated agreement.

(b) The written report shall include:

(1) Information regarding changes in operation or design that took place as a result of the stipulated agreement.

(2) Description of steps taken to find a longer term and/or permanent solution to address the unforeseeable circumstance.

(3) Either a request to discontinue the stipulated agreement on a date certain, or a request to continue the stipulated agreement for another 90 days.

(c) If the stipulated agreement is extended beyond the initial 90 days, the operator shall submit a subsequent report, as described in subparagraph (b), to the EA. The report shall be submitted 10 days prior to the termination date of each extension of the stipulated agreement.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.7 Reporting Requirements for an Enforcement Agency
(a) The EA shall transmit a copy of the stipulated agreement request and stipulated agreement to the Board within 5 working days of it being granted.

(1) The transmitted stipulated agreement will be accompanied by supporting written documentation of the information by which the LEA made the determinations required in Section 17211.4(a).

(b) The EA shall transmit a copy of the stipulated agreement request and verification of denial to the Board within 5 working days of the stipulated agreement denial.

(1) The transmitted stipulated agreement will be accompanied by supporting written documentation of the information by which the LEA made the determinations required in Section 17211.4(b).

(c) The EA shall transmit a copy of verification of an extension of a stipulated agreement to the Board within 5 working days of it being granted.

(d) The EA shall submit a copy of the operator's written reports to the Board within 5 working days of the receipt of the reports.

(e) The EA shall provide an oral report to the Board during the next regularly scheduled meeting after an extension of a stipulated agreement.

(f) Within 24 hours following the EA's issuance of a stipulated agreement, the EA shall submit a notice for publication in a daily newspaper of general circulation in the community in which the solid waste facility is located and shall submit a notice to the Board to be posted on the Board's web page.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.8 Authority of an Enforcement Agency
(a) An EA may approve a waiver through a stipulated agreement addressing specific terms or conditions of a solid waste facilities permit, as needed, to respond to a temporary emergency, as defined in Section 17211.1.

(b) For reasons noted in Section 17211.2(g) the EA may cancel or revoke a stipulated agreement and choose to address the situation through mechanisms found in Chapter 5, Article 4.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

Section 17211.9 Board Review of Stipulated Agreements
(a) Once a stipulated agreement is issued and the EA has provided a copy to the Board pursuant to Section 17211.7(a), the Executive Director of the Board shall review all EA approvals. The Executive Director may, after consulting with the EA, condition, limit, suspend, or terminate an operator's use of a stipulated agreement if he or she finds that implementation of the agreement as issued is not consistent with Section 17211.4 or may adversely affect public health and safety, or the environment.

(b) The Executive Director shall report to the Board at the next regularly scheduled meeting any issuance of a stipulated agreement, denial of a stipulated agreement, extension of a stipulated agreement, or any other action taken by an EA pursuant to this Article and shall report any action taken by the Executive Director to condition, limit, suspend or terminate a stipulated agreement, including the basis on which the Executive Director to such action.

(c) The Executive Director may delegate his or her duties under this section to any employee of the Board.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Section 45011(a) of the Public Resources Code.

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