Section 18084 - LEA Duties and Responsibilities for Enforcement(a) If during an inspection, investigation, or at any other time, the LEA/EA finds a solid waste facility, operation, or disposal site, is in violation of state minimum standards, the terms and conditions of a permit, or any related state solid waste laws or regulations within their purview, the LEA/EA shall enforce the applicable provisions as required by PRC Division 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.), and its EPP. The LEA/EA enforcement actions shall address the following categories of violations: (1) operational violations, pursuant to 14 CCR Division 7, Chapter 3 and 3.1, 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.), and Division 30 of the Public Resources Code;(2) emergency violations, pursuant to subsection (1) above which present an imminent threat to public health and safety, or the environment an require immediate action pursuant to Part 5, Division 30 or the Public Resources Code;(3) permit violations, pursuant to Public Resources Code Division 30 Part 4, Chapter 3 and 14 CCR Division 7, Chapter 5, and 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.);(4) closure and postclosure violations, pursuant to Public Resources Code Division 30, Part 4, Chapter 2, Articles 3 and 4, Part 5, and 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.);(b) LEA/EA enforcement action options include, but are not limited to 14 CCR Division 7 Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.), and Public Resources Code Division 30 Parts 4 and 5.(c) If in the course of an enforcement action, the LEA/EA deems legal counsel to be necessary to achieve enforcement, compliance, relief, or the assessment of monetary penalties through the courts, the LEA/EA shall utilize legal counsel which will be prepared to initiate legal proceedings within 30 days of notification.(d) If the LEA fails to take appropriate enforcement action to cause an operator to correct violations, or to abate an imminent threat to public health and safety or the environment, the board may take appropriate enforcement action pursuant to PRC sections 45012, 43216.5, and CCR Title 14 section 18350, and also investigate the LEA's designation and/or certification pursuant to PRC section 43214. The board shall apply the following two general criteria to determine if the LEA is taking appropriate enforcement action: (1) Criterion 1: If the operator is making timely progress toward compliance, then the LEA is taking appropriate action and criterion 2 need not be applied. If the operator is not making timely progress, then criterion 2 shall be applied. In determining whether or not the operator is making timely progress, the board shall consider the following: (A) The operator's success or lack thereof in accomplishing specific tasks within the timeframes specified in a compliance schedule, or a notice and order.(B) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to comply, but a delay in compliance has been caused by extenuating circumstances outside the operator's and LEA's control. Examples of extenuating circumstances outside the operator's and LEA's control include acts of God such as inclement weather, earthquakes, etc. Information regarding reasonable deadline extensions due to delays in obtaining discretionary permits or other government agency approvals where the operator's actions or failure to act was not the cause of the delay may also be taken into consideration.(C) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to correct a landfill gas migration violation, but the assessment of the extent of migration has revealed a problem of a much larger magnitude than originally anticipated, necessitating a larger control system that will take a correspondingly longer length of time to design and install.(2) Criterion 2: If the LEA is increasing its enforcement response by taking additional action pursuant to its EPP and, if applicable, a previously issued N&O, then the LEA is considered to be taking appropriate action. If the LEA is not increasing its enforcement response by taking additional action, then the LEA is not considered to be taking appropriate action.Cal. Code Regs. Tit. 14, § 18084
1. New section and Appendix filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Relocation of Form 1000 (including illustration of Designation and Certification Process) from section 18084 to section 18078 filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Editorial correction of HISTORY 1 (Register 95, No. 19).
4. Change without regulatory effect amending subsections (a), (a)(1), (a)(3), (a)(4), (b) and (d) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Amendment of section and NOTE filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15). Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43504, 44016, 44305, 44306, 44310 and 45000- 45024, Public Resources Code.
1. New section and Appendix filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Relocation of Form 1000 (including illustration of Designation and Certification Process) from section 18084 to section 18078 filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Editorial correction of History 1 (Register 95, No. 19).
4. Change without regulatory effect amending subsections (a), (a)(1), (a)(3), (a)(4), (b) and (d) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
5. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).