SECTIONS 43200-43222 - California Statutes

PUBLIC RESOURCES CODE

SECTION 43200-43222

43200. (a) The board shall prepare and adopt certification
regulations for local enforcement agencies. The regulations shall
specify requirements that a local agency shall meet before being
designated as an enforcement agency. The regulations shall include,
but are not limited to, all of the following:
(1) Technical expertise.
(2) (A) Adequacy of staff resources.
(B) For the purposes of this paragraph, the board shall adopt
regulations for specified enforcement agencies, as defined in
subparagraph (C), which meet all of the following requirements:
(i) The regulations shall not require a specific number of
person-hours or staff resources for the performance of duties as a
specified enforcement agency.
(ii) The regulations shall establish performance standards for
specified enforcement agencies which will provide a comparable level
of public health and safety and environmental protection to that
required of other local agencies certified pursuant to this article.
(iii) The regulations shall establish procedures to ensure that
all duties required of specified enforcement agencies pursuant to
this article are actually performed.
(iv) The regulations shall require specified enforcement agency
personnel to receive a comparable level of training to that required
of personnel employed by other local agencies certified pursuant to
this article.
(C) For the purposes of subparagraph (B), "specified enforcement
agency" means a local enforcement agency which has a population of
less than 50,000 persons.
(3) Adequacy of budget resources.
(4) Training requirements.
(5) The existence of at least one permitted solid waste facility
within the jurisdiction of the local agency. For the purposes of this
paragraph, "permitted solid waste facility" includes a proposed
solid waste facility for which an environmental impact report or
negative declaration has been prepared and certified pursuant to
Division 13 (commencing with Section 21000) or for which a
conditional use permit has been issued by a city or county.
(b) The regulations adopted pursuant to subdivision (a) shall
specify four separate types of certifications for which an
enforcement agency may be designated, as follows:
(1) Permitting, inspection, and enforcement of regulations at
solid waste landfills.
(2) Permitting, inspection, and enforcement of solid waste
incinerators.
(3) Permitting, inspection, and enforcement of transfer and
processing stations.
(4) Inspection and enforcement of litter, odor, and nuisance
regulations at solid waste landfills.

43201. After August 1, 1992, no enforcement agency shall be
designated pursuant to this article unless the board determines that
the agency fully complies with one or more of the certification types
specified in Section 43200. No enforcement agency shall, after
August 1, 1992, exercise the powers of an enforcement agency pursuant
to this chapter unless the agency has been certified by the board.

43202. An enforcement agency may be designated by the local
governing body and certified by the board to act to carry out this
chapter within each jurisdiction. If an enforcement agency is not
designated and certified, the board, in addition to its other powers
and duties, shall be the enforcement agency within the jurisdiction,
subject to the agreement required pursuant to Section 43212.1 or
43310.1.

43203. The designation of the enforcement agency shall be made by
any one of the following procedures:
(a) The board of supervisors of the county may designate the
enforcement agency to carry out this chapter in the county. The
designation is subject to the approval by a majority of the cities
within the county which contain a majority of the population of the
incorporated areas of the county, except in those counties which have
only two cities, in which case the designation shall be subject to
approval by the city which contains the majority of the population of
the incorporated area of the county.
(b) The county and the cities within the county may enter into a
joint exercise of powers agreement pursuant to Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the Government Code
for the purpose of establishing an enforcement agency to carry out
this chapter in the jurisdiction of the joint powers agency.
(c) A city council may, at any time, designate an enforcement
agency to carry out this chapter in the city.
(d) The board of supervisors of the county may designate an
enforcement agency to carry out this chapter in the unincorporated
area of the county.

43204. No enforcement agency may exercise the powers and duties of
an enforcement agency until the designation is approved by the board.
After August 1, 1992, the board shall not approve a designation
unless it finds that the designated enforcement agency is capable of
fulfilling its responsibilities under the enforcement program and
meets the certification requirements adopted by the board pursuant to
Section 43200.

43205. (a) Except as provided in subdivision (b), if no enforcement
agency is designated and certified, the board shall be the
enforcement agency and shall assume all the powers and duties of an
enforcement agency pursuant to this chapter, subject to the agreement
required pursuant to Section 43212.1 or 43310.1. If the board is the
enforcement agency and an enforcement agency is then designated and
certified by the board, the board shall continue to act as the
enforcement agency for the remainder of the fiscal year, with those
responsibilities terminating as of June 30, unless otherwise
specified by the board.
(b) Notwithstanding subdivision (a), if no enforcement agency is
designated and certified for Stanislaus County or Santa Cruz County,
the board shall be the enforcement agency, and shall assume all of
the powers and duties of an enforcement agency for that county, but
shall not be required to enter into the agreement required pursuant
to Sections 43212.1 or 43310.1.
(c) The board and the enforcement agency shall not, at any time,
impose duplicative fees or charges on the owner or operator of a
solid waste facility.

43206. A designation made pursuant to this article may be withdrawn
in the same manner in which it was made.

43207. No local governmental department or agency, or any employee
thereof, which is the operating unit for a solid waste handling or
disposal operation shall be the enforcement agency, or an employee
thereof, for the types of solid waste handling or disposal operation
it conducts unless authorized by the board to act in that capacity.

43208. Notwithstanding any other provision of law, except as
provided in Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code, and Section 731 of the Code of
Civil Procedure, no local governing body may enact, issue, enforce,
suspend, revoke, or modify any ordinance, regulation, law, license,
or permit relating to a facility that accepts both hazardous wastes
and other solid wastes and which meets any of the criteria enumerated
in subdivision (a) of Section 25148 of the Health and Safety Code,
and was operating as of May 1, 1981, pursuant to a valid solid waste
facility permit, so as to prohibit or unreasonably regulate the
operation of, or the disposal, treatment, or recovery of resources
from solid wastes at any such facility. However, nothing in this
section authorizes an operator of such a facility to violate any term
or condition of a local land use or facility permit or any other
provision of law not in conflict with this section.

43209. The enforcement agency, within its jurisdiction and
consistent with its certification by the board, shall do all of the
following:
(a) Enforce applicable provisions of this part, regulations
adopted under this part, and terms and conditions of permits issued
pursuant to Chapter 3 (commencing with Section 44001).
(b) Request enforcement by appropriate federal, state, and local
agencies of their respective laws governing solid waste storage,
handling, and disposal.
(c) File with the board, upon its request, information the board
determines to be necessary.
(d) Develop, implement, and maintain inspection, enforcement,
permitting, and training programs.
(e) (1) Establish and maintain an enforcement program consistent
with regulations adopted by the board to implement this chapter, the
standards adopted pursuant to this chapter, and the terms and
conditions of permits issued pursuant to Chapter 3 (commencing with
Section 44001).
(2) The enforcement agency may establish specific local standards
for solid waste handling and disposal subject to approval by a
majority vote of its local governing body, by resolution or
ordinance.
(3) A standard established pursuant to this subdivision shall be
consistent with this division and all regulations adopted by the
board.
(f) Keep and maintain records of its inspection, enforcement,
permitting, training, and regulatory programs, and of any other
official action in accordance with regulations adopted by the board.
(g) (1) Consult, as appropriate, with the appropriate local health
agency concerning all actions which involve health standards.
(2) The consultation required by this subdivision shall include
affording the health agency adequate notice and opportunity to
conduct and report the evaluation as it reasonably determines is
appropriate.
(h) Establish and maintain an inspection program.
(1) The inspection program required by this subdivision shall be
designed to determine whether any solid waste facility is operating
under any of the following:
(A) The facility is operating without a permit.
(B) The facility is operating in violation of state minimum
standards.
(C) The facility is operating in violation of the terms and
conditions of its solid waste facilities permit.
(D) The facility may pose a significant threat to public health
and safety or to the environment, based on any relevant information.
(2) The inspection program established pursuant to this
subdivision shall also ensure frequent inspections of solid waste
facilities that have an established pattern of noncompliance with
this division, regulations adopted pursuant to this division, or the
terms and conditions of a solid waste facilities permit. The
inspection program may include public awareness activities,
enforcement to prevent the illegal dumping of solid waste, and the
abatement of the illegal dumping of solid waste.

43209.1. (a) Notwithstanding any other provision of law, if an
enforcement agency receives a complaint, pursuant to subdivision (b)
of Section 41705 of the Health and Safety Code, from an air pollution
control district or an air quality management district pertaining to
an odor emanating from a compost facility under its jurisdiction,
the enforcement agency shall, in consultation with the district, take
appropriate enforcement actions pursuant to this part.
(b) On or before April 1, 1998, the board shall convene a working
group consisting of enforcement agencies and air pollution control
districts and air quality management districts to assist in the
implementation of this section and Section 41705 of the Health and
Safety Code. On or before April 1, 1999, the board and the working
group shall develop recommendations on odor measurement and
thresholds, complaint response procedures, and enforcement tools and
take any other action necessary to ensure that enforcement agencies
respond in a timely and effective manner to complaints of odors
emanating from composting facilities. On or before January 1, 2000,
the board shall implement the recommendations of the working group
that the board determines to be appropriate.
(c) On or before April 1, 2003, the board shall adopt and submit
to the Office of Administrative Law, pursuant to Section 11346.2 of
the Government Code, regulations governing the operation of organic
composting sites that include, but are not limited to, any of the
following:
(1) Odor management and threshold levels.
(2) Complaint investigation and response procedures.
(3) Enforcement tools.
(d) This section shall become inoperative on April 1, 2003, unless
the board adopts and submits regulations governing the operation of
organic composting sites to the Office of Administrative Law pursuant
to subdivision (c) on or prior to that date.

43210. For those facilities that accept only hazardous wastes, or
accept only low-level radioactive wastes, or facilities that accept
only both, and to which Chapter 6.5 (commencing with Section 25100)
of Division 20 or Chapter 8 (commencing with Section 114960) of Part
9 of Division 104 of the Health and Safety Code applies, the board
and the enforcement agency have no enforcement or regulatory
authority. All enforcement activities for the facilities relative to
the control of hazardous wastes shall be performed by the Department
of Toxic Substances Control pursuant to Article 8 (commencing with
Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety
Code, and all enforcement activities relative to the control of
low-level radioactive waste shall be performed by the State
Department of Health Services pursuant to Chapter 8 (commencing with
Section 114960) of Part 9 of Division 104 of the Health and Safety
Code.

43211. (a) For those facilities that accept both hazardous wastes
and other solid wastes, the Department of Toxic Substances Control
shall exercise enforcement and regulatory powers relating to the
control of the hazardous wastes at the facility pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code. The board and the enforcement agency shall, at solid
waste disposal facilities, exercise enforcement and regulatory powers
relating to the control of solid wastes and asbestos-containing
waste, as provided in Section 44820.
(b) For purposes of this section, "asbestos containing waste"
means waste that contains more than 1 percent by weight, of asbestos
that is either friable or nonfriable.

43212. (a) If the board is the enforcement agency, the board may
impose fees to recover its costs of operation on the local governing
body, a solid waste facility operator, or a solid waste enterprise
that operates within the jurisdiction of the enforcement agency, and
shall collect those fees in a manner determined by the board and
developed in consultation with the local governing body. Any fees
imposed pursuant to this section shall bear a direct relationship to
the reasonable and necessary costs, as determined by the board, of
providing for the efficient operation of the activities or programs
for which the fee is imposed.
(b) If the board is the enforcement agency for a county and all of
the cities within that county, the local governing body shall be the
county board of supervisors for purposes of this section.

43212.1. If the board is the enforcement agency, the local
governing body and the board shall enter into an agreement which
shall identify the jurisdictional boundaries of the enforcement
agency; address the powers and duties to be performed by the board as
the enforcement agency, and identify an estimated workload and
anticipated costs to the board.

43213. The enforcement agency may, upon a majority vote of its
local governing body, prescribe, revise, and collect fees or other
charges from each operator of a solid waste facility or from any
person who conducts solid waste handling if the local governing body
having ratesetting authority has approved rate adjustments to
compensate the solid waste hauler or solid waste facility operator
for the amount of the fee or charges imposed pursuant to this
section. The fee or other charge shall be based on the weight,
volume, or type of solid waste which is received or handled by any
such operator or person or on any other appropriate basis or any
combination of the foregoing. In no case shall the fee or other
charge imposed by the enforcement agency under this section exceed
the actual cost of the solid waste enforcement authorized under this
title.

43214. (a) The board shall develop performance standards for
evaluating certified local enforcement agencies and shall
periodically review each certified enforcement agency and its
implementation of the permit, inspection, and enforcement program.
The board's review shall include periodic inspections of solid waste
facilities and disposal sites within the jurisdiction of each
enforcement agency for the purpose of evaluating whether the
enforcement agency is appropriately applying and enforcing state
minimum standards within its jurisdiction.
(b) Following initial certification of an enforcement agency by
the board, the board shall conduct a performance review of the
enforcement agency every three years, or more frequently as
determined by the board.
(c) In conducting performance reviews of enforcement agencies, the
board shall, based on the performance standards developed pursuant
to subdivision (a), determine whether each enforcement agency is in
compliance with the requirements of this article and the regulations
adopted to implement this article. If the board finds that an
enforcement agency is not fulfilling its responsibilities pursuant to
this article and if the board also finds that this lack of
compliance has contributed to significant noncompliance with state
minimum standards at solid waste facilities or disposal sites within
the jurisdiction of the enforcement agency, the board shall withdraw
its approval of designation pursuant to Sections 43215 and 43216.
Notwithstanding Sections 43215 and 43216, if the board finds that
conditions at solid waste facilities or disposal sites within the
jurisdiction of the enforcement agency threaten public health and
safety or the environment, the board shall, within 10 days of
notifying the enforcement agency, become the enforcement agency until
another enforcement agency is designated locally and certified by
the board.
(d) The board shall find that an enforcement agency is not
fulfilling its responsibilities pursuant to this article, and may
take action as prescribed by subdivision (c), if the board, in
conducting its performance review, makes one or more of the following
findings with regard to compliance with this part and Part 5
(commencing with Section 45000):
(1) The enforcement agency has failed to exercise due diligence in
the inspection of solid waste facilities and disposal sites.
(2) The enforcement agency has intentionally misrepresented the
results of inspections.
(3) The enforcement agency has failed to prepare, or cause to be
prepared, permits, permit revisions, or closure and postclosure
maintenance plans.
(4) The enforcement agency has approved permits, permit revisions,
or closure and postclosure maintenance plans that are not consistent
with this part and Part 5 (commencing with Section 45000).
(5) The enforcement agency has failed to take appropriate
enforcement actions.
(6) The enforcement agency has failed to comply with, or has taken
actions that are inconsistent with, or that are not authorized by,
this division or the regulations adopted by the board pursuant to
this division. However, nothing in this paragraph is intended to
affect the authority of enforcement agencies pursuant to subdivision
(e) of Section 43209.

43215. (a) If the board, in conducting the inspection and
performance review required pursuant to Section 43214 or this
section, finds that the enforcement agency is not fulfilling one or
more of its responsibilities, the board shall notify the enforcement
agency of the particular reasons for finding that the enforcement
agency is not fulfilling its responsibilities and of the board's
intention to withdraw its approval of the designation if, within a
time to be specified in that notification, but in no event less than
30 days, the enforcement agency does not take the corrective action
specified by the board.
(b) The board shall adopt regulations that establish a process for
notice, public hearing, the admission of evidence, and final action
by the board for partial or full withdrawal of the approval of
designation pursuant to this chapter.

43215.1. The board may, upon the written request of an enforcement
agency, provide legal counsel for purposes of compliance with this
part.

43216. If the board withdraws its approval of the designation of an
enforcement agency, another enforcement agency shall be designated
pursuant to Section 43203 within 90 days and approved by the board.
If no designation is made within 90 days, the board shall become the
enforcement agency within the jurisdiction of the former enforcement
agency.

43216.5. In addition to the procedures for board withdrawal of its
approval of a local enforcement agency's designation pursuant to
Sections 43214, 43215, and 43216, the board may take any actions
which are determined by the board to be necessary to ensure that
local enforcement agencies fulfill their obligations under this
chapter. To ensure that a local enforcement agency is appropriately
fulfilling its obligations under this chapter and implementing
regulations, the board may conduct more frequent inspections and
evaluations within a local enforcement agency's jurisdiction,
establish a schedule and probationary period for improved performance
by a local enforcement agency, assume partial responsibility for
specified local enforcement agency duties, and implement any other
measures which may be determined by the board to be necessary to
improve local enforcement agency compliance.

43217. The board shall provide ongoing training, technical
assistance, and guidance to local enforcement agencies to assist in
their decisionmaking processes. This assistance shall include, but is
not limited to, providing all of the following:
(a) Technical studies and reports.
(b) Copies of innovative solid waste facility operation plans.
(c) Investigative findings and analyses of new solid waste
management practices and procedures.
(d) A program for loaning technical and scientific equipment, to
the extent that funds are available to the board to purchase that
equipment.

43218. Each enforcement agency shall inspect each solid waste
facility within its jurisdiction at least one time each month and
shall file, within 30 days of the inspection, a written report in a
format prescribed by the board.

43219. (a) The board may, at its discretion, conduct inspections
and investigations of solid waste facilities in order to evaluate the
local enforcement agency and to ensure that state minimum standards
are met.
(b) Except as otherwise provided by Section 43220, the board, in
conjunction with an inspection conducted by the local enforcement
agency, shall conduct inspections of solid waste facilities within
the jurisdiction of each local enforcement agency. The board shall
inspect the types and number of solid waste facilities which are
determined by the board to be necessary to adequately evaluate
whether the local enforcement agency is ensuring compliance by solid
waste facilities with state minimum standards. A written inspection
report shall be prepared and submitted within 30 days of the
inspection to the local enforcement agency.
(c) If the board identifies any significant violation of state
minimum standards that were not identified and resolved through
previous inspections by the local enforcement agency, the board shall
take appropriate action as authorized by Sections 43215 and 43216.5.
(d) Notwithstanding any other provision of this section and
Sections 43215 and 43216, if, as a result of a facility inspection
conducted pursuant to subdivision (b), the board finds that
conditions at a solid waste facility within the jurisdiction of a
local enforcement agency threaten public health and safety or the
environment, the board shall, within 10 days of notifying the local
enforcement agency, become the enforcement agency until another local
enforcement agency is designated locally and certified by the board.

43220. The board, in conjunction with an inspection conducted by
the local enforcement agency, shall conduct at least one inspection
every 18 months of each solid waste landfill and transformation
facility in the state. A written inspection report shall be prepared
and submitted within 30 days of the inspection to the local
enforcement agency. If the board identifies any significant violation
of state minimum standards that was not resolved through previous
inspections by the local enforcement agency, the board shall take
appropriate action as authorized by Sections 43215 and 43216.5 and
subdivision (d) of Section 43219.

43222. Any fees or charges imposed pursuant to this part by any
enforcement agency shall bear a direct relationship to the reasonable
and necessary cost, as determined by the enforcement agency, of
providing the efficient operation of the activities or programs for
which the fee is assessed.