Cal. Code Regs. tit. 14 § 18081

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 18081 - LEA Performance Standards and Evaluation Criteria

(a) In performing its permitting, closure and postclosure, inspection, and enforcement functions, the LEA shall meet its duty requirements and comply with the standards pursuant to Public Resources Code Division 30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.) and its EPP. Deviation from these standards may result in a performance review by the board pursuant to Public Resources Code Sections 43214, 43215 and 43219, including establishment of LEA compliance schedules or withdrawal of designation and certification(s) approvals. The board's evaluation and decisions will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment.

(b) The LEA shall be assessed for compliance with the certification requirements pursuant to Article 2.1 and 2.2 of this Chapter, Public Resources Code Section 43209, and its board-approved EPP.

(c) All facilities and disposal sites within the LEA's jurisdiction shall:

(1) be in compliance with the state minimum standards and either the terms and conditions of the solid waste facility permits, the board-approved final closure and postclosure maintenance plans, have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900, or have ceased operation prior to January 1, 1988; and

(2) be permitted, exempted, governed by board-approved final closure and postclosure maintenance plans, or have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900; or

(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.

(d) All operations within the LEA's jurisdiction shall:

(1) be in compliance with the state minimum standards, as applicable; and

(2) meet notification requirements as applicable; or

(3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations.

(e) All LEA's shall retain their certification(s) and designation approvals by maintaining compliance with their board-approved EPP and this Chapter.

(1) The LEA shall provide for, obtain, and maintain the necessary technical, safety and regulatory equipment, clothing and vehicles for field inspectors. The LEA shall identify in its board-approved EPP what constitutes "necessary" for staff safety and field monitoring, measurement, inspection, and enforcement requirements for all its solid waste enforcement duties and responsibilities and its certification(s).

(2) When in the jurisdiction of the EA there exists a publicly owned or operated solid waste facility or disposal site, the local governing body shall maintain an independent hearing panel or hearing officer for permit, enforcement and appeal purposes, as per Section 18060 of this Chapter and Sections 44308 through 44310 of the Public Resources Code.

(3) The LEA/EA shall provide for technical review of corrective actions and postclosure land use pursuant to Sections 43500- 43510 and 45000 of the Public Resources Code.

(4) The components of the EPP shall be reviewed and amended by the LEA annually or more frequently as determined by the board to reflect any changes. The amended components shall be submitted to the board for approval.

(f) The LEA/EA shall perform all applicable duties related to the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq.

Cal. Code Regs. Tit. 14, § 18081

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 subsections (d)(1), (d)(2) and (d)(4) filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsection (a) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Change without regulatory effect amending subsection (e)(2) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).

Note: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200- 43204, 43207 and 43209, Public Resources Code.