An LEA's failure to fulfill one or more of the following responsibilities and /or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the “Solid Waste Facilities Chapter of the Waste Management Act”) and/or these implementing regulations shall constitute sufficient ground(s) for any of the board actions set forth in 14 CCR 18086, including but not limited to:
(a) Failure of the LEA to comply with one or more of the Performance Standards referenced in Public Resources Code Section 43214 and/or its implementing regulation, 14 CCR 18081, including but not limited to:
(1) Failure of the LEA to maintain compliance with the certification requirements referenced in 14 CCR 18072-75, including but not limited to technical expertise, adequacy of staff resources, adequacy of budget resources, and training;
(2) Failure of the LEA to enforce facility compliance with one or more of the state minimum standards at solid waste facilities within the jurisdiction of the LEA, as referenced in Public Resources Code Section 43214(c);
(3) Failure of the LEA to maintain compliance with and/or implement one or more of the components of the LEA's Enforcement Program Plan, as referenced in 14 CCR 18077; and
(4) Failure of the LEA to perform all applicable duties related to the California Environmental Quality Control Act.
(b) Failure of the LEA to fulfill one or more of its duties and/or responsibilities as referenced in Public Resources Code Section 43209 and/or its implementing regulations, including but not limited to:
(1) LEA Duties and Responsibilities for Permitting and Closure or Postclosure, as referenced in 14 CCR 18082;
(2) LEA Duties and Responsibilities for Inspections, as referenced in 14 CCR 18083; and
(3) LEA Duties and Responsibilities for Enforcement, as referenced in 14 CCR 18084.
(c) When public health and safety or the environment is threatened, the Board shall, within 10 days of notifying the LEA, become the enforcement agency until another local agency is designated locally, approved and certified by the board pursuant to PRC Section 43214(c).
Credits
Note: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43209, 43214, 43218, 43500-43606, 44001-44017, 44100, 44101, 44300, 44301 and 44500-45601, Public Resources Code.
1. New article 2.3 (sections 18085-18088) and section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 14, § 18085, 14 CA ADC § 18085
