Article 2. Designation of a Local Agency and
the Appointment of Hearing Panels or Hearing Officer
Section 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 or
selection of a hearing officer 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 of the Public Resources
Code.
Reference:
Sections 43200 through 45601 of the Public Resources Code.
Section 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 or hearing officer pursuant to
Section 18060 and 18081(e)(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 of the Public Resources
Code.
Reference:
Sections 43200 and 43203 through 43207 of the Public Resources
Code.
Section 18052. Repealed.
Section 18053. Repealed.
Section 18054. Review of Designation.
(a) Upon receipt of the designation information package (DIP), pursuant
to Section 18051, the board staff, 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 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
(2) 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 of the Public Resources
Code.
Reference:
Sections 43200, 43203, and 43204 of the Public Resources
Code.
Section 18055. Repealed.
Section 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, the 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 shall 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
give to the Board, whichever is later. The Board shall then become the
enforcement agency.
(b) All enforcement actions, pending violations, orders of corrections,
requests 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 of the Public Resources
Code.
Reference:
Sections 43203, 43206, and 43216 of the Public Resources
Code.
Section 18060. Appointment of Hearing Panel(s) or Hearing Officers.
(a) Before the board can approve a designation, the designated
local agency's local governing body shall appoint a hearing panel or hearing
officer. The hearing panel shall
be composed of either members of the local governing body or an independent hearing panel
pursuant to Section 18081(e)(2). There shall be an independent hearing panel
or hearing officer 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) or
hearing officer 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 or
hearing officer 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 of the
Public Resources Code.
Reference:
Sections 43200, 44800, and 44801 of the Public Resources Code.
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