SECTIONS 44305-44310 - California Statutes

PUBLIC RESOURCES CODE

SECTION 44305-44310

44305. (a) An enforcement agency may, after holding a public
hearing before a hearing panel or a hearing officer appointed
pursuant to Section 44308 or 44309, in accordance with the procedures
set forth in Section 44310, temporarily suspend a solid waste
facilities permit if the enforcement agency determines that changed
conditions at the facility necessitate a permit revision or
modification to eliminate a significant threat to public health and
safety or to the environment.
(b) Notwithstanding subdivision (a), the enforcement agency may
suspend a solid waste facilities permit prior to holding a hearing if
the enforcement agency determines that changed conditions at the
facility necessitate a permit revision or modification to prevent or
mitigate an imminent and substantial threat to the public health and
safety or to the environment. However, any person aggrieved by an
action by an enforcement agency to suspend a permit pursuant to this
subdivision may appeal the action to a hearing panel or hearing
officer appointed pursuant to Section 44308 or 44309. The hearing
panel or hearing officer shall, at the request of the aggrieved
party, hear the appeal within three business days of the date when
the permit was suspended, or the first day thereafter requested by
the aggrieved party in compliance with Chapter 9 (commencing with
Section 54950) of Division 2 of Title 5 of the Government Code. The
hearing panel or hearing officer shall render its decision on the day
the hearing concludes. The hearing panel or hearing officer may
affirm, modify, or rescind the permit suspension. A decision of a
hearing panel or hearing officer appointed pursuant to Section 44308
or 44309 may be appealed pursuant to Section 45030.
(c) The enforcement agency shall lift the permit suspension as
soon as the changed conditions that necessitated the suspension
pursuant to subdivision (b) have been corrected.

44306. The enforcement agency may, after holding a hearing in
accordance with the procedures set forth in Section 44310, revoke a
solid waste facilities permit if the enforcement agency determines
any of the following:
(a) The permit was obtained by a material misrepresentation or
failure to disclose relevant factual information.
(b) The operator has, during the previous three years, been
convicted of, or been issued a final order for, one or more
violations of this division, regulations adopted pursuant to this
division, or the terms and conditions of the permit, and the
violation meets both of the following criteria:
(1) The violation demonstrates a chronic recurring pattern of
noncompliance that has posed, or may pose, a significant risk to
public health and safety or to the environment.
(2) The violation has not been corrected or reasonable progress
toward correction has not been achieved.
(c) The operator has failed to pay in full any monetary penalty
imposed pursuant to Part 5 (commencing with Section 45000) within 90
days from the date when the penalty is required to be paid and after
the expiration of the time period during which the permitholder may
appeal the ruling, or after the denial of the permitholder's timely
appeal up to, and including, an appeal to the superior court.

44307. From the date of issuance of a permit that imposes
conditions that are inappropriate, as contended by the applicant, or
after the taking of any enforcement action pursuant to Part 5
(commencing with Section 45000) by the enforcement agency, the
enforcement agency shall hold a hearing, if requested to do so, by
the person subject to the action. The enforcement agency shall also
hold a hearing upon a petition to the enforcement agency from any
person requesting the enforcement agency to review an alleged failure
of the agency to act as required by law or regulation. A hearing
shall be held in accordance with the procedures specified in Section
44310.

44308. (a) All hearings conducted pursuant to this chapter by the
enforcement agency shall be conducted by a hearing officer appointed
pursuant to subdivision (d) or a hearing panel appointed pursuant to
either of the following procedures:
(1) The governing body may appoint three of its members as the
hearing panel.
(2) The chairperson of the governing body may appoint an
independent hearing panel consisting of three members.
(b) (1) If an independent hearing panel is appointed pursuant to
paragraph (2) of subdivision (a), not more than one member of the
governing body shall serve on the hearing panel.
(2) Members of the independent hearing panel shall be selected for
their legal, administrative, or technical abilities in areas
relating to solid waste management.
(3) At least one member of the independent hearing panel shall be
a technical expert with knowledge of solid waste management methods
and technology.
(4) At least one member of the independent hearing panel shall be
a representative of the public at large.
(5) A member of an independent hearing panel shall serve for a
term of four years, and may not serve more than two consecutive
terms.
(6) If a member of an independent hearing panel does not complete
the member's term, the chairperson of the governing body shall
appoint a replacement to serve out the remainder of the unexpired
term.
(c) Members of the hearing panel may receive per diem and
necessary expenses while conducting the hearing.
(d) The governing body of an enforcement agency may appoint a
hearing officer only if the governing body has adopted procedures for
making that appointment and has adopted qualifications that the
hearing officer is required to meet.

44309. All hearings conducted by the board acting as the
enforcement agency pursuant to Section 43205 shall be conducted by a
hearing panel of three board members appointed by the chairperson of
the board.

44310. All hearings conducted pursuant to this chapter shall be
based on the following procedures:
(a) (1) The hearing shall be initiated by the filing of a written
request for a hearing with a statement of the issues.
(A) If the hearing request is made by the person subject to the
action, the request shall be made within 15 days from the date that
person is notified, in writing, of the enforcement agency's intent to
act in the manner specified.
(B) If the hearing request is made by a person alleging that the
enforcement agency failed to act as required by law or regulation
pursuant to Section 44307, the person shall file a request for a
hearing within 30 days from the date the person discovered or
reasonably should have discovered, the facts on which the allegation
is based.
(2) The enforcement agency shall, within 15 days from the date of
receipt of a request for a hearing, provide written notice to the
person filing the request notifying the person of the date, time, and
place of the hearing.
(3) If that person fails to request a hearing or to timely file a
statement of issues, the enforcement agency may take the proposed
action without a hearing or may, at its discretion, proceed with a
hearing before taking the proposed action.
(4) The enforcement agency shall file its written response to the
statement of issues filed by the person requesting the hearing with
the hearing panel or the hearing officer, and provide a copy to the
person requesting the hearing, not less than 15 days prior to the
date of the hearing.
(b) The hearing shall be held no later than 30 days after
receiving the request for a hearing on the merits of the issues
presented, in accordance with the procedures specified in Article 10
(commencing with Section 11445.10) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of the Government Code.
(c) Within five days from the conclusion of the hearing, the
hearing panel or hearing officer shall issue its decision. The
decision shall become effective as provided in Section 45017.