Cal. Code Regs. tit. 14 § 18072

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 18072 - Technical Expertise

(a) Performance of permitting, inspection, and enforcement duties and responsibilities of comprehensive solid waste enforcement issues shall reside solely within an LEA. The LEA shall have one or more full time staff members dedicated solely for solid waste issues. For all certification types the dedicated staff shall be composed of at least one registered environmental health specialist (REHS), pursuant to Sections 106600 through 106735 of the Health and Safety Code. Additional staff for permitting, inspection, and enforcement duties may be a REHS(s), or person(s) meeting the requirements of Sections 106635 of the Health and Safety Code, as certified by the LEA program director or manager.

(1) The REHS shall have experience and training in solid waste enforcement. This experience and training shall be current and subsequent to the enactment of the California Integrated Waste Management Act of 1989 commencing with Section 40000 of the PRC.

(2) The REHS experience and training shall include the following:

(A) permitting and closure/postclosure duties as described in 14 CCR 18082;

(B) inspection duties as described in 14 CCR 18083; and

(C) enforcement duties as described in 14 CCR 18084.

(3)

(A) For type "A" certification, pursuant to 14 CCR 18071(a)(1), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 27 CCR Division 2, Subdivision 1 (§ 20005 et seq.), beyond the technical abilities of the LEA's staff, shall be performed by public and private entities as specified in the LEA's EPP, whose staff meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologists," "Registered Civil Engineer," and "Soil Engineer."

(B) The LEA review in subsection (a)(3)(A) may be contracted for by the LEA or the LEA may use appropriate CIWMB staff to perform those duties.

(4) For type "B" and "C" certifications, pursuant to 14 CCR 18071(a) (2 and 3), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 14 CCR Division 7, may be performed by public and private entities, as specified in the LEA's EPP, under contract to the LEA, which meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologists," "Registered Civil Engineer," and "Soil Engineer."

(b) Counties or cities may have contracts or joint powers agreements pursuant to Government Code, section 6500 et. seq. or as authorized by law, with another county, city, or a joint powers jurisdiction LEA to provide permitting, inspection, and enforcement duties and responsibilities in the designated jurisdiction of the local governing body(s), with approval of the board. The above contracts or joint powers agreements shall preclude conflict of interest between the cities or counties, their designated LEA, or the LEA's consultants and facility operators in the jurisdiction. The following consulted professionals defined in 27 CCR 20164 shall not be facility operators or consultants for solid waste facilities or disposal sites within the LEA's jurisdiction unless approved by the board: "Certified Engineering Geologists," "Professional Land Surveyor," "Registered Civil Engineer," "Registered Geologist," and "Soil Engineer."

(c) Any opinion, report, analysis, or other deliverable provided to an LEA through contract or joint powers agreement shall be endorsed, affirmed or denied by the contracting LEA.

(d) Notwithstanding subsection (a), designated local agencies for jurisdictions having a population of less than 50,000 persons and existing LEAs whose jurisdictional population grows beyond 50,000 persons, but does not exceed 80,000 persons, may alternately implement the following staffing provisions to demonstrate their technical expertise and adequacy of staff resources.

(1) staffing shall be determined and submitted for board approval pursuant to 14 CCR 18073; and

(2) permitting, inspection, and enforcement duties, for a designated local agency having demonstrated its adequacy of staff resources with one or less full time staff member, shall be performed by one individual REHS.

(e) Designated local agencies, which elect subsection (d) to fulfill staffing requirements, shall be issued temporary certification(s) by the board.

(1) This temporary certification(s) shall expire upon conclusion of the LEA performance evaluation by the board.

(2) The LEA shall be issued full certification(s) by the board when the evaluation confirms LEA compliance with Article 2.2 of this Chapter.

(f) LEAs with one or less staff members shall, upon the loss of staff, provide staff resources meeting the requirements of this section within 90 days, or the board shall become the enforcement agency within the LEA's jurisdiction until another local designated agency is approved and issued certification(s) by the board.

(g) The LEA shall resume temporary certification(s) status when staff is replaced pursuant to subsection (f) until the requirements of subsection (e)(1) and (2) are met.

Cal. Code Regs. Tit. 14, § 18072

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), new subsections (a)(1)-(a)(2)(C) and subsection renumbering, amendment of subsection (b), and new subsections (d)-(g) filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Amendment filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
4. Change without regulatory effect amending subsections (a), (a)(3)(A), (a)(4) and (b) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Amendment of subsection (d) filed 8-10-2004; operative 9-9-2004 (Register 2004, No. 33).
6. Change without regulatory effect amending subsection (a) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).

Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200- 43204, 43207 and 43209, Public Resources Code.