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§ 18302. Written Complaints of Alleged Violations.


Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 4. Enforcement by EA and Review by Department
14 CCR § 18302
§ 18302. Written Complaints of Alleged Violations.
(a) Any person having information alleging a facility or operation is being operated without a required permit or notification, in violation of one or more terms or conditions of a permit, in violation of the state minimum standards, or in violation of any related state solid waste laws or regulations, or that a permit was obtained wholly or partially by misrepresentation or nondisclosure of relevant facts, may file a complaint regarding such allegation in writing to the EA. The complaint shall include the following:
(1) The name, address and telephone number of the person making the complaint, however nothing in this chapter shall be construed to prevent the making of anonymous complaints by omitting the identity of the reporting party from the complaint;
(2) The identity and location, if known, of the facility or operation and the names and addresses, if known, of the persons responsible for the violation;
(3) The nature of the violation and/or the relevant misrepresented or non-disclosed facts; and
(4) All known facts relevant to the alleged violation or likely to be of assistance to the EA in investigating the complaint, including but not limited to information relating to witnesses and physical evidence.
(b) The person making the complaint may forward a copy to the Department.
(c) Upon receipt of a complaint, the EA shall within fifteen days examine the report and determine whether its allegations, if true, would constitute a violation of a state minimum standard, permit term or condition or any related state solid waste law or regulation. The EA shall make its determination on the basis of the substance of the allegations rather than on the basis of the complaint's technical compliance with the Act or this chapter. Should the EA determine that the complaint fails to allege facts constituting a violation of a state minimum standard, permit term or condition or related state solid waste law or regulation, it shall so advise the reporting party in writing at the address given in the complaint if an address is given and place a copy in its files.
(d) Upon receipt of an odor complaint related to a compostable material handling operation or facility, the EA shall investigate the complaint as soon as practical to determine whether or not to issue a violation for failing to minimize odor. The odor complaint investigation shall include the following:
(1) The date and time the EA arrived and departed within the complaint area.
(2) Observations of wind direction and speed, and general weather conditions such as clouds, fog, high wind speed, humidity, and temperature.
(3) If odor is detected, the EA shall:
(A) Record the location where odor was observed, such as the street address, latitude/longitude, tax parcel number, etc.
(B) Verify the odor event at the complainant's location and document the complainant's claim, if any, that the odor is interfering with the complainant's use and comfortable enjoyment of life or property.
(C) Document odor characteristics, intensity, and duration at the complainant's location, the solid waste facility/operation, and other odor sources adjacent to the solid waste facility/operation.
(D) Identify activities conducted at the solid waste facility/operation at the time of the odor event. The EA should consult with the operator to determine if there were unusual operational changes or atypical feedstocks accepted during the time of the complaint(s).
(4) Any known facts relevant to the alleged violation provided by local, state, and federal agencies having appropriate jurisdiction.
(e) The EA may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the EA. Should the EA decline to investigate on that ground, it shall so advise the complaining party in writing at the address given in the complaint if an address is given and place a copy in its files.
(f) Except as provided in subsection (c) or subsection (e) of this section, the EA shall commence an investigation of the facts alleged in the complaint.
(g) If an LEA has a complaint review and investigation initiation procedure that contains substantially the same basic requirements as this section, and accomplishes the intended purposes of this section within its Department-approved EPP, it may follow that equivalent process in lieu of subsections (c), (d) and (e) of this section. Section 18302 is intended to insure that every person making a written complaint of an alleged unlawful condition at a solid waste facility or operation can assume that his or her complaint will receive appropriate attention.
(h) If the Department receives a complaint in a jurisdiction where it is not the EA, the complaint shall be forwarded to the appropriate LEA within 5 days of its receipt, unless the LEA has already received a copy from the complaining party.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 44012, 44015 and 45000-45024, Public Resources Code.
1. Amendment filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of section heading, section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
This database is current through 9/7/18 Register 2018, No. 36
14 CCR § 18302, 14 CA ADC § 18302
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