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

Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees

Article 2.1. LEA Certification Requirements

Section 18070. Scope.
(a) This article sets forth the LEA certification types, the requirements for certification and certification maintenance including, but not limited to: technical expertise, adequacy of staff resources, adequacy of budget resources, training, and the LEA's Enforcement Program Plan (EPP), which the designated local agency shall develop, submit for board approval, and adopt pursuant to Public Resources Code Section 43209(e) and Section 18077 of this Chapter, and the periodic review of the LEA certification(s) pursuant to Article 2.2 of this Chapter.

(b) After certification(s) is issued and upon board approval, the designated local agency shall become the sole LEA in its jurisdiction, and shall maintain and comply with its board approved EPP to exercise its statutory power and authority pursuant to Division 30 of the Public Resources Code, 14 CCR Division 7, and 27 CCR Division 2, Subdivision 1 (§20005 et seq.). The LEA shall enforce the state and local minimum standards for solid waste collection, handling, storage, and disposal for the protection of the air, water, and land from pollution and nuisance, and for the protection of the public health and safety, and the environment. This Article also addresses board directories of hearing panels or hearing officers and enforcement agencies.

Note:

Authority Cited:
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Sections 43200 through 45601 of the Public Resources Code.

Section 18071. Types of Certification.
(a) The Board may approve a designated local agency and issue certification(s) to the local agency in one or more of the following types of certifications:

(1) Type "A": permitting, inspection, and enforcement of regulations at solid waste disposal sites;

(2) Type "B": permitting, inspection, and enforcement of regulations at solid waste transformation facilities;

(3) Type "C": permitting, inspection, and enforcement of regulations at transfer and processing stations, materials recovery facilities, and composting facilities; and

(4) Type "D": inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills.

(b) In jurisdictions where LEAs lack a certification to permit a new type of facility, the permit applications, for that type of facility, shall be filed by the applicant with the board. The LEA shall, within 120 days Of the permit application, obtain certification for this facility type, or the board shall review the performance of the LEA pursuant to Section 18051 and Article 2.2 of this Chapter and compliance with Public Resources Code Section 43201.

(c) An LEA lacking a specific certification type pursuant to 18071(a) may submit a new complete EPP for board review and request issuance of an additional certification to perform permitting, inspection, and enforcement duties in another jurisdiction, or inspection and enforcement duties in its jurisdiction, both pursuant to Article 2.1 of this Chapter, and subsequent to board approval.

(d) When in the LEA's jurisdiction only one permitted solid waste disposal facility exists and its permit is surrendered, the LEA shall retain its type "A" certification, unless the LEA certification is withdrawn by the board.

(1) For LEAs to be issued type "D" certification they shall be required to have type "A" certification.

(e) A designated local agency shall demonstrate that it meets the certification requirements for each certification type requested. The LEA shall maintain compliance with the requirements of this Chapter.

(f) Sections 18071 through 18075 of this Article set forth the LEA certification requirements pursuant to Public Resources Code Section 43200.

Note:

Authority cited:
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Sections 43200 through 43204, and 43209 of the Public Resources Code .

Section 18072. Technical Expertise.
(a) Performance of permitting, inspection, and enforcement duties and responsibilities of comprehensive solid waste enforcement issues shall reside solely within an LEA. The LEA shall have one or more full time staff members dedicated solely for solid waste issues. For all certification types the dedicated staff shall be composed of at least one registered environmental health specialist (REHS), pursuant to Sections 106600 through 106735 of the Health and Safety Code. Additional staff for permitting, inspection, and enforcement duties may be a REHS(s), or person(s) meeting the requirements of Sections 106635 of the Health and Safety Code, as certified by the LEA program director or manager.

(1) The REHS shall have experience and training in solid waste enforcement. This experience and training shall be current and subsequent to the enactment of the California Integrated Waste Management Act of 1989 commencing with Section 40000 of the PRC.

(2) The REHS experinence and training shall include the following:

(A) permitting and closure/postclosure duties as described in 14 CCR 18082;
(B) inspection duties as described in 14 CCR 18083; and
(C) encforcement duties as described in 14 CCR 18084.

(3) (A) For type "A" certification, pursuant to 14 CCR 18071(a)(1), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 27 CCR Division 2, Subdivision 1 (§20005 et seq.), beyond the technical abilities of the LEA's staff, shall be performed by public and private entities as specified in the LEA's EPP, whose staff meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologist," "Registered Civil Engineer," and "Soil Engineer."

(B) The LEA review in subsection (a) (3) (A) may be contracted for by the LEA or the LEA may use appropriate CIWMB staff to perform those duties.

(4) For type "B" and "C" certifications, pursuant to 14 CCR 18071(a) (2 and 3), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 14 CCR Division 7, may be performed by public and private entities, as specified in the LEA's EPP, under contract to the LEA, which meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologist," "Registered Civil Engineer," and "Soil Engineer."

(b) Counties or cities may have contracts or joint powers agreements pursuant to Governmernt Code, section 6500 et. seq. or as authorized by law, with another county, city, or joint powers jurisdiction LEA to provide permitting, inspection, and enforcement duties and responsibilities in the designated jurisdiction of the local governing body(s), with approval of the board. The above contracts or joint powers agreements shall preclude conflict of interest between the cities or counties, their designated LEA, or the LEA's consultants and facility operators in the jurisdiction. The following consulted professionals defined in 27 CCR 20164 shall not be facility operators or consultants for solid waste facilities or disposal sites within the LEA's jurisdiction unless approved by the board: "Certified Engineering Geologists," "Professional Land Surveyor," "Registered Civil Engineer'" "Registered Geologist," and "Soil Engineer.".

(c) Any opinion, report, analysis, or other deliverable provided to an LEA through contract or joint powers agreement shall be endorsed, affirmed or denied by the contracting LEA.

(d) Notwithstanding subsection (a), designated local agencies for jurisdictions having a population of less than 50,000 persons and existing LEAs whose jurisdictional population grows beyond 50,000 persons, but does not exceed 80,000 persons, may alternately implement the following staffing provisions to demonstrate their technical expertise and adequacy of staff resources.

(1) staffing shall be determined and submitted for board approval pursuant to 14 CCR 18073; and

(2) permitting, inspection, and enforcement duties, for a designated local agency having demonstrated its adequacy of staff resources with one or less full time staff member, shall be performed by one individual REHS.

(e) Designated local agencies, which elect subsection (d) to fiulfill staffing requirements, shall be issued temporary certification(s) by the board.

(1) This temporary certification(s) shall expire upon conclusion of the LEA performance evaluation by the board.

(2) The LEA shall be issued full certification(s) by the board when the evaluation confirms LEA compliance with Article 2.2 of this Chapter.

(f) LEAs with one or less staff members shall, upon the loss of staff, provide staff resources meeting the requirements of this section within 90 days, or the board shall become the enforcement agency within the LEA's jurisdiciton until another local designated agency is approved and issued certificaiton(s) by the board.

(g) The LEA shall resume temporary certification(s) status when staff is replaced pursuant to subsection (f) until the requirements of subsection (e)(1) and (2) are met.

Note:

Authority cited:
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Sections 43200 through 43204, 43207, and 43209 of the Public Resources Code.

Section 18073. Adequacy of Staff Resources.
(a) The LEA shall demonstrate the adequacy of its staff resources by submitting documentation of the following analyses:

(1) the number and type of operating and non-operating solid waste facilities, disposal sites, and collection and handling equipment;

(2) the number of annual compliance and projected complaint inspections based on the previous years records and anticipated additions or deletions;

(3) the time allocation requirements of local agency staff for:

(A) inspections, travel, research, analysis of findings, and documentation;

(B) enforcement activities including warnings, notices, meetings, hearings, legal proceedings, and documentation;

(C) permit activities including reviews, modifications and revisions, and closure or postclosure activities, including applications and plan reviews, site evaluations and investigations, and documentation;

(D) corrective actions including; review and approval of site investigations, assessments, characterizations, remediation alternatives, and corrective measures;

(E) training including field, meetings, seminars, workshops, courses, and literature reviews;

(F) management including day to day operation scheduling, and supervision; and

(G) support staff both technical and non-technical.

(4) The staff resources shall be computed based on a Full Time Equivalence (FTE) not to exceed 230 eight hour work days per year per person. The FTE baseline hours shall be identified in the EPP.

Note:

Authority cited:
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Sections 43200 through 43204, and 43209 of the Public Resources Code.

Section 18074. Adequacy of Budget Resources.
(a) The LEA shall maintain a budget accounting process capable of identifying expenditures and revenues which are adequate to fulfill their LEA duties and responsibilities pursuant to its board approved EPP, this chapter, and Part 4 and 5 of Division 30 of the Public Resources Code. Additionally, LEAs shall, at the beginning of each fiscal year upon adoption by the local governing body, submit to the board supporting information demonstrating budget adequacy.

(1) The LEA shall use methods that demonstrate adequate budget resources for implementing the provisions of this Article. The LEA shall account for all anticipated expenditures, including but not limited to the following:

(A) staffing pursuant to 14 CCR 18073;

(B) monitoring and testing materials and equipment;

(C) health and safety protection equipment and materials for staff;

(D) travel and per diem for training seminars, conferences, etc.;

(E) enforcement actions including staff time and independent legal counsel costs to preclude conflict of interest and lack of timely initiation of legal actions pursuant to 14 CCR 18051(b) 6) and 14 CCR 18084;

(F) consultant and technical support;

(G) transportation; and

(H) agency overhead.

(2) LEAs shall identify their revenue by sources and amounts. Sources may include, but are not limited to:

(A) Funds from LEA Grant(s) Account;

(B) Permitting Fee(s);

(C) Inspection or Service Fee(s);

(D) Post Closure Fee(s);

(E) Tipping and Tonnage Fees;

(F) 5 Year Permit Review Fee(s);

(G) General Fund; and

(H) Other (specify).

Note:

Authority cited:
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Sections 43200 through 43204, 43207, and 43209 of the Public Resources Code.

Section 18075. Training Requirements.
(a) LEA personnel shall be trained in solid waste enforcement. The LEA's training program shall be coordinated with the board as well as other state and local agencies, be part of the LEA's Enforcement Program Plan pursuant to 14 CCR 18077, and provide specific training in the following areas:

(1) permitting, inspection, and enforcement duties and responsibilities pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7 and 27 CCR Division 2, Subdivision 1 (§20005 et seq.), and local ordinances and resolutions relating to solid waste collection, handling, processing, storage, and disposal;

(2) inspection techniques and scheduling;

(3) preparation for hearing panel or hearing officer and court proceedings;

(4) administration practices within a solid waste enforcement program;

(5) monitoring equipment, data evaluation, and interpretation of the results as related to solid waste enforcement;

(6) attendance of board approved seminars and workshops;

(7) field staff health and safety training in the categories of: planning of field inspections, safety equipment, on-site procedures, decontamination and hazard recognition, and avoidance; and

(8) for type "A" certification, specific training in performance standards pursuant to 27 CCR 20685, when applicable.

Note:

Authority cited:
Sections 40502, 43020, 43200, and 43214 of the Public Resources Code.

Reference:
Sections 43200 through 43204, and 43209 of the Public Resources Code.

Section 18076. Request for and Review of Certification.
(a) Within 45 days of receipt of a request for certification(s), the board shall notify the requesting local agency in writing as to whether the request in the form of an Enforcement Program Plan (EPP) pursuant to Section 18077 of this Chapter is:

(1) complete and accepted and shall be reviewed; or

(2) the EPP is incomplete and what specific information is missing, and needs to be submitted to the board to provide for a complete EPP. The board will require the agency to provide the specific missing information, thereby starting a new 45 day process from the date of resubmittal.

(b) When an EPP is complete and accepted, the board shall have 60 days from the date of the acceptance, to conduct a review of the designation and certification information in the EPP.

(1) The board shall issue a certification(s) decision stating which types of certification are to be issued or denied, and that the designation and EPP are approved or disapproved. A copy of the board decision shall be sent to the requesting agency, its local governing body, and all appropriate State agencies.

(2) If during the review process the board finds any specific deficiencies, it shall notify the requesting agency within 45 days from the date of acceptance for review. A new 60 day review period shall begin on the date of resubmittal.

(c) The board may elect to issue temporary LEA certification(s) and/or designation approval for specific time periods.

(d) After approval of the EPP, the board shall periodically review the LEA's enforcement program plan (EPP) and its implementation of the permitting, inspection, and enforcement programs pursuant to Public Resources Code Sections 43209 and 43214.

Note:

Authority cited
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Section 43200 through 43209 of the Public Resources Code.

Section 18077. Enforcement Program Plan (EPP).
(a) The LEA shall develop, adopt, and submit for board approval an EPP pursuant to Public Resources Code Section 43209(e). The EPP shall embody the designation and certification requirements and demonstrate that the LEA meets all the requirements pursuant to Public Resources Code Sections 43200, 43203, 43207, and 43209, 14 CCR Division 7, Chapters 3 and 5, and 27 CCR Division 2, Subdivision 1 (Section 20005 et seq.). At a minimum, the EPP shall include the following written components:

(1) a certification request letter;

(2) an accepted designation information package (DIP) pursuant to 14 CCR Section 18051;

(3) a statement of EPP goals and objectives;

(4) a copy of the enabling ordinance(s) or resolution(s) for the LEA jurisdictional authority;

(5) a copy of all local solid waste collection, handling, storage, and disposal statutes or ordinances;

(6) a comprehensive list of all types of solid waste facilities and disposal sites, and solid waste handling and collection vehicles within the jurisdiction;

(7) a time task analysis demonstrating the adequacy of staff resources pursuant to 14 CCR Section 18073;

(8) a demonstration of staff technical expertise;

(9) an operating budget demonstrating adequacy of budget resources pursuant to 14 CCR Section 18074;

(10) a detailed staff training procedure pursuant to 14 CCR Section 18075;

(11) a procedure manual for solid waste facility permitting and closure or postclosure;

(12) a procedure manual for random and unannounced inspection and investigation, compliance assurance, enforcement, and hearing panel or hearing officer utilization; and

(13) a procedure manual for disposal site identification, assessment, and corrective actions.

Note:

Authority Cited:
Sections 40502, 43020, 43200, and 43214 of the Public Resources Code.

Reference:
Sections 43200 through 43209 of the Public Resources Code.

Section 18078. Directory of Enforcement Agencies, Hearing Panels, and Hearing Officers.
The board shall maintain a statewide directory of hearing panels, hearing officers and local enforcement agencies as approved and issued certification(s) by the board. The directory shall include a description of the jurisdiction and mailing address of each and shall be open to the public inspection pursuant to Article 4 of Chapter 1 of this division. The board shall promptly respond to inquiries by the public regarding the identity or location of an enforcement agency, hearing panel, or hearing officer.

Note:

Authority cited:
Sections 40502, 43020, and 43200 of the Public Resources Code.

Reference:
Sections 43200, 43201, 43204, 44800, and 44801 of the Public Resources Code.

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