SECTIONS 43300-43310.1

43300.  The board, when acting in its capacity as an enforcementagency, may enforce all provisions of this division, and theregulations adopted thereto, for the protection of the environmentand the public health and safety, and from nuisance.43300.5.  The enforcement policies of this division shall be appliedequally and without distinction to publicly owned or operated, andto privately owned or operated, solid waste facilities.43301.  The board shall coordinate action in solid waste handlingand disposal with other federal, state, and local agencies andprivate persons.43302.  The board may request enforcement by appropriate federal,state, and local agencies of their respective laws governing solidwaste storage, handling, and disposal.43303.  The board shall develop, implement, and maintain inspection,enforcement, and training programs.43304.  The board shall adopt an enforcement program consisting ofregulations necessary to implement this division and the standardsadopted pursuant thereto. The enforcement program shall include adescription for carrying out the permit and inspection programpursuant to Chapter 3 (commencing with Section 44001).43305.  The board may, as it deems necessary, establish specificlocal standards for solid waste handling and disposal afterconsultation with the local governing body. However, the standardsshall be consistent with this division and all regulations adopted bythe board.43306.  The board shall keep and maintain records of its inspection,enforcement, training, and regulatory programs and of any otherofficial action in accordance with regulations adopted by the board.43307.  The board shall consult with the appropriate local healthagency concerning all actions which involve health standards. Theconsultation shall include granting the health agency adequate noticeand opportunity to conduct and report any evaluation that itreasonably deems appropriate.43308.  For those facilities that accept only hazardous wastes andto which Chapter 6.5 (commencing with Section 25100) of Division 20of the Health and Safety Code applies, or that accept only low-levelradioactive wastes and to which Chapter 8 (commencing with Section114960) of Part 9 of Division 104 of the Health and Safety Codeapplies, or for those facilities that accept both, the board shallhave no enforcement or regulatory authority. Except as otherwiseprovided in Section 40052, all enforcement activities for thosefacilities relative to the control of hazardous wastes shall beperformed by the Department of Toxic Substances Control pursuant toArticle 8 (commencing with Section 25180) of Chapter 6.5 of Division20 of the Health and Safety Code, and all enforcement activities forthose facilities relative to low-level radioactive wastes shall beperformed by the State Department of Health Services pursuant toChapter 8 (commencing with Section 114960) of Part 9 of Division 104of the Health and Safety Code.43309.  The board may adopt regulations specifying the operationssubject to the exception in paragraph (3) of subdivision (b) ofSection 40200. The regulations shall prohibit the storing of morethan 90 cubic yards of waste in covered containers during any 72-hourperiod and the transfer of uncontainerized refuse from smallerrefuse hauling motor vehicles to larger refuse transfer motorvehicles for transport to the point of ultimate disposal.43310.  If the board becomes the enforcement agency, it may chargereasonable fees to the local governing body to recover operationcosts.43310.1.  (a) If the board becomes the enforcement agency, on orafter January 1, 1995, the local governing body and the board shallenter into an agreement which shall identify the jurisdictionalboundaries of the enforcement agency; address the powers and dutiesto be performed by the board as the enforcement agency, and identifyan estimated workload and anticipated costs to the board. Theagreement shall also identify the cost recovery procedures to befollowed by the board pursuant to Section 43310. (b) If, after a good faith effort by the board and the localgoverning body, no agreement is reached between the local governingbody and the board within the 90-day period specified in Section43216, or within 90 days after a local governing body notifies theboard of its intent not to designate an enforcement agency pursuantto Section 43203, the board shall make the determinations specifiedin subdivision (a) that would have been the subject of the agreement. (c) If the board becomes the enforcement agency for StanislausCounty or Santa Cruz County, the board shall impose fees authorizedpursuant to this section directly on the solid waste facilities inthose counties, and shall not require the local governing body toimpose or collect those fees.