Enforcement Assistance

Enchiridion

11. Administration

11.1 Memorandum of Agreement
11.2 Hearing Panel Utilization

11.2.1 Appointment of Panel Members
11.2.2 Requests for Hearing

11.2.2.1 Permit Denial
11.2.2.2 Permit Suspension
11.2.2.3 Permit Revocation
11.2.2.4 Conditions of Permit
11.2.2.5 Enforcement Actions
11.2.2.6 Alleged Failure of EA to Act

11.2.3 Hearing Initiation
11.2.4 Hearing Panel Procedures

11.2.4.1 Appeals
11.2.4.2 Permit Reinstatement or Reduction of Penalty

11.3 Training

11.3.1 Health and Safety
11.3.2 Field Equipment
11.3.3 Inspection
11.3.4 Enforcement
11.3.5 Permitting
11.3.6 Closure/Postclosure
11.3.7 Corrective Actions
11.3.8 Administration
11.3.9 Board Approved Seminars/Workshops
11.3.10 Continuing Education

11.4 Delegation of Authority

11.1 Memorandum of Agreement

Except for the Counties of Stanislaus and Santa Cruz, when the CIWMB is the EA, the CIWMB is required to enter into an agreement with the local governing body which identifies the jurisdictional boundaries, addresses the powers and duties of the CIWMB as the EA, and identifies an estimated workload and anticipated costs to the CIWMB {PRC 43212.1 and 43310.1}. The duties and responsibilities to negotiate a Memorandum of Agreement (MOA) (Word 97, 40 KB or Adobe Acrobat PDF, 68 KB) have been delegated to the Executive Director. However, the MOA is to be presented to the CIWMB for final approval, per CIWMB Resolution 96-260.

11.2 Hearing Panel Utilization

11.2.1 Appointment of Panel Members

The PRC allows an applicant or operator who is contesting certain aspects of a SWFP, inspection, or enforcement action(s) to request a hearing. The hearing panel is intended to be an objective body for permit, enforcement, and appeal purposes. When the CIWMB is acting as, or on behalf of, the EA, all hearings required pursuant to PRC, Part 4, Chapter 4, will be conducted by a hearing panel of three CIWMB members selected by the chairperson of the CIWMB {PRC 44309}.

On October 23, 1996, the CIWMB voted to have an “ad hoc” hearing panel, which will be formed as needed upon the request for a hearing. As indicated in CIWMB Resolution No. 96-432, the hearing panel will consist of the following CIWMB members:

• One member appointed by the California Legislature to represent the public;
• One member appointed by the Governor to represent the public; and
• One member appointed by the Governor to represent a designated group (solid waste industry or nonprofit environmental protection organization).

11.2.2 Requests for Hearing

11.2.2.1 Permit Denial

An applicant may request a hearing if the EA denies a SWFP. The EA may deny a SWFP in any of the following cases {PRC 44300}:

1. The application is incomplete or otherwise inadequate.
2. The applicant has not complied with Division 13 (CEQA).
3. The applicant has failed to demonstrate that the facility will meet minimum regulatory standards.
4. The application contains significant false or misleading information or significant misrepresentations.
5. The EA determines the applicant has, during the previous three years, been convicted of, or been issued an enforcement order for one or more violations of PRC, Division 30, or regulations adopted pursuant to Division 30, or the terms and conditions of the SWFP, and the violation meets both of the following criteria:

1. The violation demonstrates a chronic recurring pattern of noncompliance which has posed, or may pose, a significant risk to public health and safety or the environment.
2. The violation has not been corrected or reasonable progress toward correction has not been achieved.

11.2.2.2  Permit Suspension

A permit may be temporarily suspended if the EA determines that changed conditions at the facility necessitate a permit revision to eliminate a significant threat to public health and safety or the environment {PRC 44305}. In the event the changed conditions at the facility are an imminent and substantial threat, the permit may be suspended prior to holding a hearing. The permit suspension will be lifted once the changed conditions that necessitated the suspension have been corrected.  

11.2.2.3 Permit Revocation

The EA may revoke a permit if it determines any of the following {PRC 44306}:

1. The permit was obtained by a material misrepresentation or failure to disclose relevant factual information.
2. The EA determines the applicant has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of PRC, Division 30, or regulations adopted pursuant to Division 30, or the terms and conditions of the permit, and the violation meets both of the following criteria:

1. The violation demonstrates a chronic recurring pattern of noncompliance which has posed, or may pose, a significant risk to public health and safety or the environment.
2. The violation has not been corrected or reasonable progress toward correction has not been achieved.

11.2.2.4 Conditions of Permit

An applicant may request a hearing if the applicant contends that the issued permit imposes conditions that are inappropriate {PRC 44307}.

11.2.2.5 Enforcement Actions

A person subject to an enforcement action imposed by the EA may request a hearing to appeal the enforcement action {PRC 44307}.

11.2.2.6 Alleged Failure of EA to Act

Any person may request a hearing to review an alleged failure of the EA to act as required by law or regulation {PRC 44307}.

11.2.3 Hearing Initiation

All hearings conducted pursuant to Division 30, Parts 4 and 5 will be initiated by the filing of a Request for Hearing (Word 97, 448 KB or Adobe Acrobat PDF, 37 KB) by the person subject to the action. The person subject to the action shall file a Request for Hearing within 15 days of being notified, in writing, of the EA’s intent to take a specified action. Within 15 days of receipt of a Request for Hearing, EA Section staff will provide the person filing the request with a written notice of the date, time, and place of the hearing. In addition, the notification will request the person provide a statement of the issues that require the hearing at least 20 days prior to the date of the hearing. If the person fails to request a hearing or to timely file a statement of issues, the EA may take the proposed action without a hearing or may, at its discretion, proceed with a hearing before taking the proposed action.

11.2.4 Hearing Panel Procedures

All hearings to be conducted by Division 30, Parts 4 and 5 will be held on the merits of the issues presented and in accordance with the procedures specified in Section 11507 to 11517, inclusive, of the Government Code. 

Within 30 days from the date of the hearing, the hearing panel will issue its decision. The decision will be in writing and contain finding of fact, a determination of the issues presented, and the penalty, if any. The decision will take effect immediately after any time period provided for appeal has expired. If the EA finds that the action or inactions associated with an enforcement order pose an imminent and substantial threat to the public health and safety or the environment, the enforcement order shall take effect upon service.

11.2.4.1 Appeals

Within 30 days of issuance of a written decision by the hearing panel, any person may appeal to the CIWMB to review the written decision of the hearing panel.

Any person other than the CIWMB may appeal to the CIWMB a decision of the hearing panel. Failure to make such an appeal where the CIWMB is acting as the EA shall not prevent any party from challenging the decision of the hearing panel in the superior court.

11.2.4.2 Permit Reinstatement or Reduction of Penalty

A person whose permit has been revoked or suspended may petition the EA for reinstatement or reduction of penalty after a period of not less than one year from the effective date of the decision or from the date of the denial of a similar petition. If the EA declined to take the action requested, the petitioner, if he or she so requests, shall be granted a hearing.

11.3 Training

11.3.1 Health and Safety

Health and Safety training is conducted in accordance with the CIWMB's Health and Safety Manual. The training includes but is not limited to:

• 40 hour Hazardous Waste Operations and Emergency Response (HWOPER) training required by CCR, Title 8, Section 5192 (one time);
• 8 hour HWOPER refresher course (annually);
• Cardio-Pulmonary Resuscitation (CPR) and First Aid (annually); and
• Defensive Driver Training (every 4 years).

11.3.2 Field Equipment

Equipment training is typically provided by Health and Safety Section staff, the vendor, or the manufacturer.

A special subcontractor may provide Heavy Equipment Safety Training.

11.3.3 Inspection

Inspection training for all new staff is conducted according to the most recent version of LEA Advisory No. 54, including but not limited to, office, classroom, and field training. 

EA Section staff have also completed the Solid Waste Association of North America (SWANA) certification program for Landfill Enforcement Officers (LEO) or Manager of Landfill Operations (MOLO).

11.3.4 Enforcement

EA Section staff attend enforcement focused training, workshops, seminars, etc. sponsored by:

• California Environmental Protection Agency (Cal/EPA);
• Cal/EPA Strikeforce;
• California District Attorney’s Association; and
• California Hazardous Materials Investigator’s Association;

Most of the EA Section staff has also completed the SWANA certification program for LEO or MOLO.

11.3.5 Permitting

Permit training relies primarily on "on-the-job" training. EA Section staff not familiar with the permit process will be "mentored" by experienced staff through a minimum of two complete permits

11.3.6 Closure/Postclosure

Closure/Postclosure training relies greatly on "on-the-job" training. EA Section staff not familiar with the Closure/Postclosure process will be "mentored" by experienced staff until a satisfactory level of competence is achieved. Staff attend technical training sponsored by:

• Solid Waste Association of North America; and
• University of Wisconsin-Madison, College of Engineering.

In addition, RCTA Branch staff will be utilized to review and comment on closure and postclosure maintenance plans.

11.3.7 Corrective Actions

Corrective Actions training relies primarily on "on-the-job" training. EA Section staff not familiar with the Corrective Actions process will be "mentored" by experienced staff until a satisfactory level of competence is achieved. Technical training for Corrective Actions is borrowed heavily from the other disciplines (e.g., Inspection, Enforcement, Closure/Postclosure).

11.3.8 Administration

EA Section staff attend the following non-technical training:

State Training Center

• Writing
• Project Management
• Editing

CIWMB Training Office

• Resume Writing
• Budgeting

11.3.9 Board Approved Seminars/Workshops

EA Section staff regularly attend LEA Roundtable meetings as well as “in-house” and contracted training sponsored by the CIWMB's Training Section. 

Staff also attend and present CIWMB updates at California Conference of Directors of Environmental Health regional meetings, LEA Roundtables, and Enforcement Advisory Council (EAC) meetings. In so doing, we maintain involvement with emerging issues from these arenas. In addition, EA Section staff is a member of the EAC.

11.3.10 Continuing Education

EA Section staff is encouraged to build expertise in specialized areas of the waste field and to attend conferences, seminars and lectures. Staff is also encouraged to attend relevant university courses, participate in university certificate programs and pursue advanced or dual degrees in fields related to solid waste management. Records of completed training are maintained by the CIWMB's Training Coordinator. Individual staff also keep records.

11.4 Delegation of Authority

To ensure the CIWMB fulfills its duties and responsibilities when serving as the EA, most of the day to day operational aspects of the EA’s program have been delegated from the CIWMB to various approval levels within the P&E Division. 

Last updated: April 18, 2008