(a) In matters of substantial statewide concern, where multiple jurisdictions determine that Department enforcement may be more effective at achieving the intent of this chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, together, file a joint enforcement referral under this section.
(b) The joint referral may request that the Department take enforcement action in lieu of those jurisdictions against an organic waste generator or generators, including a commercial edible food generator or generators, with locations, at minimum, in each of those jurisdictions.
(c) The joint referral shall be filed with the director of CalRecycle and shall include:
(1) A statement of facts that includes a description of the following:
(A) The relevant locations of the organic waste generator or generators at issue;
(B) The alleged violations of this chapter, the locations of those violations, and the relevant regulatory sections; and
(C) All evidence known to the jurisdictions that supports the allegations in the statement of facts.
(2) An analysis of the following issues:
(A) Why the relevant enforcement matter is of substantial statewide concern; and
(B) The basis of the finding by the jurisdictions that Department enforcement against the relevant organic waste generator or generators will be more effective at achieving the intent of this chapter than separate enforcement by each jurisdiction.
(3) A signature from the person in each jurisdiction responsible for compliance with this chapter, as currently reported to the Department in Article 13, certifying that the allegations contained in the referral are true and correct to the best of their knowledge.
(d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to this section and Section 18996.9 upon a finding that:
(1) The referral meets the requirements of this section and includes credible evidence supporting all of the factual allegations therein;
(2) The relevant enforcement matter described in the joint referral is of substantial regional or statewide concern; and
(3) Department enforcement action against the relevant organic waste generator will be more effective at achieving the goals of this chapter than separate enforcement by each jurisdiction.
(e) The Department shall respond, in writing, to the joint referral with a determination as to whether it will take enforcement action against the relevant generator in lieu of the jurisdictions.
(1) If the Department agrees to take enforcement action pursuant to a joint referral, the Department shall issue a written order to the relevant jurisdictions mandating suspension of their individual enforcement actions against the relevant organic waste generator or generators.
(2) If the Department fails to respond to a joint referral within 90 days of receipt, the joint referral shall be deemed denied.
Credits
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
History
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
This database is current through 7/12/24 Register 2024, No. 28.
