(b) This Chapter implements those provisions of the Act relating to
solid waste facilities and disposal sites, and application of minimum standards for solid
waste handling and disposal (Chapter 3 of this Division, and 27 CCR Division
2, Subdivision 1 (§20005 et seq.)) to such facilities. Nothing in
this chapter is intended to limit the authority of the enforcement agency or the board to
enforce the minimum standards as they apply to collection, storage, and removal of solid
wastes pursuant to the provisions of Sections 43209 and 43300 of the Public Resources Code
(PRC). Nothing in this Chapter is intended to limit the authority of the state or local
health agencies.
(1) "Abandoned site" means a site where there is no responsible party as determined by the local enforcement agency and
the board.
(2) "Act" means the California Integrated Solid Waste Management Act of 1989.
(3) "Applicant" means the proposed operator of a facility.
(4) "Certified" means submitted and stated under oath,
affirmation, or penalty of perjury.
(5) "Certification" means certification by the Board of an
enforcement agency pursuant to Section 43200 of the Public Resources Code and Articles
2.1, and 2.2 of this Chapter.
(6) "Closed site" means a solid waste disposal site that has
ceased accepting waste and has documentation that closure was conducted in accordance with
applicable statutes, regulations, and local ordinances in effect at the time.
(7) "Decertification" means an action by the California
Integrated Waste Management Board which withdraws, partially or fully, prior
certification(s) issued to the enforcement agency. This action
modifies the enforcement agency's authority within its jurisdiction.
(8) "Enactment" means a federal, state, regional, or local
statute, ordinance, regulation, permit, or similar provision having the force of law.
(9) "Enforcement action" means an action of the enforcement
agency or the board, taken pursuant to the act or this chapter, including, but not limited
to issuing a notice and order, a cease and desist order, cleanup or abatement order, or a
corrective action order; to institute a proceeding to modify, suspend, or revoke a permit;
to institute a judicial proceeding to obtain an injunction; or to institute a judicial
action to obtain civil penalties.
(10) "Evaluation workplan" means a type of corrective action
specified by the Board. The action requires the LEA to develop a
schedule to address jurisdictional compliance issues identified during the
LEA evaluation process. The evaluation workplan is subject to Board
approval.
(11) "Facility" means a solid waste facility as defined in
Public Resources Code Section 40194 or disposal site as defined in Public Resources Code
Section 40122.
(12) "Facility operator" means the operating unit, and other
person(s) who through a lease, franchise agreement or other arrangement with the owner of
the property is granted the approval to operate a solid waste facility, disposal site,
transfer or processing station, composting station, or solid waste handling system, or the
owner of the property.
(13) "Illegal site" means a solid waste disposal site that is
not permitted and not exempt from obtaining a permit and is not a closed site.
(14) "Inactive site" means a site that is temporarily idle,
for a specific period due to known circumstance and not part of the normal operation
pattern contained in the solid waste facilities permit.
(15) "Local Agency" means a local public agency or department
of a county or a city, a joint powers jurisdiction, or a special district.
(16) "Local Enforcement Agency" (LEA) means an enforcement
agency with board certification(s) totally separate from the operating unit(s) of the
local governing body. An LEA is a comprehensive solid waste management enforcement agency
which performs permitting inspection and in enforcement duties for solid waste handling,
and permitted, Closed, abandoned, exempt, illegal, and inactive facilities. An LEA is
solely responsible for carrying out solid waste enforcement in its jurisdiction as defined
in 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.) and Division 30 of the Public Resources Code. Upon certification(s)
the LEA shall have full power to execute the Act and the regulations adopted hereto.
(17) "Operating Unit" means a local agency within the
jurisdiction of the designating local governing body that operates, causes to operate, or
administers contracts or agreements for any portion of a facility or solid waste handling
and disposal system.
(18) "Operation" means those activities governed by the EA
notification tier requirements set forth in sections 18103-18103.3.
(19) "Owner of the property" means the person or persons
owning the fee interest in the property and the person or persons owning any leasehold
interest in the property.
(20) "Permit" means a solid waste facilities permit.
(21) "Property" means the real property on which a facility
or disposal site, any part thereof, or any support structure exists or is proposed to
exist, including any portion of such real property that is not occupied by the facility or
any support structure but that is contained within the legal description of the land on
which the facility is located as that description is set forth in the most recently
recorded deed.
(22) "Regional LEA" means an enforcement agency certified by
the Board pursuant to Article 2.1 of this Chapter, with permitting,
inspection and enforcement duties within multiple counties.
(23) "Violation" means a lack of compliance with a particular
standard, permit term or condition, or other applicable solid waste law or
regulation. A violation may be indicated by the checking of a box in
the violation column of an inspection report or by other written
documentation. The documentation shall indicate the specific standard,
permit term or condition, or other solid waste law or regulation not in
compliance.
(b) The file for each facility or site shall bear a number, which is
determined and assigned by the board.
(c) Each enforcement agency shall maintain a current list of all files
it maintains. The list shall be available for public inspection upon request.
(d) All files and their contents shall be retained by the enforcement
agency for as long as a facility or disposal site physically exists, and until written
discard approval is given by the board.
(e) Upon certification each LEA shall maintain a separate and current
chronological log of the enforcement legal and enforcement actions, taken pursuant to 14
CCR Division 7, 27 CCR Division 2, Subdivision 1 (§20005 et seq.) and Parts 4 and 5 of Division 30 of the Public Resources Code. This
log shall be retained by the LEA as a file, and shall include at a minimum the following
information: facility or site name, address, facility number, the action type, the date
issued, and the outcome of the action(s).
