45010. (a) The board and enforcement agencies shall impose civil
penalties on the operators of solid waste facilities in a judicious
manner and shall impose those penalties only after all reasonable
efforts pursuant to Section 45010.2 have been made by enforcement
agencies to provide proper notice of violations to alleged violators
as well as a reasonable opportunity to bring solid waste facilities
and disposal sites into compliance with this division.
(b) An enforcement agency shall not deposit funds collected
through the imposition of civil penalties pursuant to this article in
the General Fund of the local enforcement agency, but instead shall
deposit those funds in a segregated account and use those funds
exclusively for enhancing solid waste enforcement within the local
enforcement agency's jurisdiction, including, but not limited to, all
of the following:
(1) Increasing enforcement programs.
(2) Expanding the agency's enforcement capabilities.
(3) Bringing solid waste facilities into compliance with this
division.
(4) Remediating illegal or abandoned solid waste disposal sites.
(c) Civil penalties paid to the board pursuant to this article
shall be deposited in the Enforcement Penalty Account, which is
hereby established in the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027. Notwithstanding subdivision
(b) of Section 48027, the moneys in the Enforcement Penalty Account
may be expended by the board, upon appropriation by the Legislature,
to enforce and implement this division.
45010.1. (a) The board or an enforcement agency may issue an order
imposing a civil penalty of not more than five thousand dollars
($5,000) for each violation, for each day that the violation
continues, to a person who violates the terms or conditions of a
solid waste facilities permit or who violates a requirement of this
division, a regulation adopted pursuant to this division, or an order
issued under this chapter, if the requirement, regulation, or order
is applicable to a solid waste facility or a disposal site. An
enforcement agency or the board may impose the penalty
administratively pursuant to this part.
(b) In determining the amount of civil liability to be imposed
pursuant to this section, the board or enforcement agency shall take
into consideration the factors specified in Section 45016.
45010.2. Before the board or enforcement agency issues an order
under this chapter, except for a notice to comply pursuant to Section
45003, the board or enforcement agency shall do both of the
following:
(a) Notify the owner or operator of the solid waste facility or
the owner or operator of the disposal site, that the facility or site
is in violation of this division, a regulation adopted pursuant to
this division, or an order issued under this division, applicable to
a solid waste facility or disposal site.
(b) Upon the request of the owner or operator of the solid waste
facility or the owner or operator of the disposal site, meet with the
owner or operator to clarify the applicable requirements and to
determine what actions, if any, that the operator or owner may
voluntarily take to bring the facility or site into compliance by the
earliest feasible date.
45011. If an enforcement agency or the board determines that a
solid waste facility or disposal site is in violation of this
division, a regulation adopted pursuant to this division, the terms
or conditions of a solid waste facilities permit, an order issued
under this division, or poses a potential or actual threat to public
health and safety or the environment, or determines that a person has
disposed of solid waste at an unpermitted disposal site in violation
of Section 44000.5, the enforcement agency or board may issue an
order establishing a time schedule according to which the facility or
site shall be brought into compliance with this division. The order
may also provide for a civil penalty, to be imposed administratively
by the enforcement agency or board, in an amount not to exceed five
thousand dollars ($5,000) for each day on which a violation occurs,
if compliance is not achieved in accordance with that time schedule.
45012. (a) If an enforcement agency, despite having made a good
faith effort pursuant to its enforcement authority or any other
authority, is unable to correct a violation, and the board, acting
through its executive director, and the enforcement agency both agree
that enforcement by the board is feasible and desirable pursuant to
these circumstances, the board, acting through its executive
director, may take any appropriate enforcement action pursuant to
this section.
(b) (1) Notwithstanding subdivision (a), the board shall not take
any enforcement action specified in this part without providing
notice to the enforcement agency and the violator of the board's
intent to take that action, allowing the enforcement agency and the
violator a reasonable opportunity to correct the violation, and
conducting a public hearing on the matter.
(2) When taking an enforcement action pursuant to this section,
the board is vested, in addition to its other powers, with all of the
authority to take an action that an enforcement agency may take
pursuant to this division.
(c) Notwithstanding subdivisions (a) and (b), if the board finds
that an enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health and safety or to the
environment, the board may take the enforcement action that the board
determines is necessary.
45013. The board shall make available guidance and assistance to
the enforcement agency regarding the inspection, investigation,
enforcement, and remediation of illegal, abandoned, inactive, or
closed disposal sites to ensure that public health and safety and the
environment are protected.
45014. (a) Upon the failure of a person to comply with a final
order issued by a local enforcement agency or the board, the Attorney
General, upon request of the board, shall petition the superior
court for the issuance of a preliminary or permanent injunction, or
both, as may be appropriate, restraining the person or persons from
continuing to violate the order or complaint.
(b) An attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, a term or condition in a
solid waste facilities permit, or a standard adopted by the board or
the local enforcement agency.
(c) In addition to the administrative imposition of civil
penalties pursuant to this part, Article 6 (commencing with Section
42850) of Chapter 16 of Part 3, and Article 4 (commencing with
Section 42962) of Chapter 19 of Part 3, an attorney authorized to act
on behalf of the local enforcement agency or the board may apply, to
the clerk of the appropriate court in the county in which the civil
penalty was imposed, for a judgment to collect the penalty. The
application, which shall include a certified copy of the decision or
order in the civil penalty action, constitutes a sufficient showing
to warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered shall include the amount of the court filing fee that
would have been due from an applicant who is not a public agency, and
has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may
be enforced in the same manner as any other judgment of the court in
which it is entered. The amount of the unpaid court filing fee shall
be paid to the court prior to satisfying any of the civil penalty
amount. Thereafter, any civil penalty or judgment recovered shall be
paid, to the maximum extent allowed by law, to the board or to the
local enforcement agency, whichever is represented by the attorney
who brought the action.
45015. Remedies under this part are in addition to, and do not
supersede or limit, any other applicable remedies provided by law.
45016. In making a determination regarding the allegations in, and
the amount of any liability that may be imposed pursuant to, an
order, petition, or complaint and determining the appropriate
outcome, and when determining whether to deny, suspend, or revoke a
permit or to deny a permit application, the issuing agency, the
board, or a court, as the case may be, shall take into consideration:
(a) The nature, circumstances, extent, and gravity of any
violation or any condition giving rise to the violation and the
various remedies and penalties that are appropriate in the given
circumstances, with primary emphasis on protecting the public health
and safety and the environment.
(b) Whether the violations or conditions giving rise to the
violation have been corrected in a timely fashion or reasonable
progress is being made.
(c) Whether the violations or conditions giving rise to the
violation demonstrate a chronic pattern of noncompliance with this
division, the regulations adopted pursuant to this division, or with
the terms and conditions of a solid waste facilities permit, or pose,
or have posed, a serious risk to the public health and safety or to
the environment.
(d) Whether the violations or conditions giving rise to the
violation were intentional.
(e) Whether the violations or conditions giving rise to the
violation were voluntarily and promptly reported to appropriate
authorities prior to the commencement of an investigation by the
enforcement agency.
(f) Whether the violations or conditions giving rise to the
violation were due to circumstances beyond the reasonable control of
the violator or were otherwise unavoidable under the circumstances.
(g) Whether in the case of violations of this division, or the
regulations adopted pursuant to this division, the violator has
established one or more of the following programs prior to committing
the violation that will help to prevent violations of the type
committed in the future:
(1) A comprehensive compliance program designed to prevent
violations of this division, the regulations adopted pursuant to this
division, and of the terms and conditions of the solid waste
facilities permit.
(2) Employee training programs designed to educate the employees
regarding their responsibilities under this division, the regulations
adopted pursuant to this division, and the terms and conditions of
the solid waste facilities permit.
(3) Regular internal audits to monitor the effectiveness of the
comprehensive compliance programs described in paragraph (1).
(4) Confidential systems for employee reporting of potential
statutory, regulatory, or solid waste facilities permit violations
and for protecting persons so reporting from retaliatory employment
actions.
(5) Special incentive programs that promote and reward statutory,
regulatory, and permit compliance.
45017. (a) (1) Except as provided in paragraphs (2) and (3), all
orders and determinations issued pursuant to this part or Part 4
(commencing with Section 43000) shall take effect immediately upon
service.
(2) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to the owner or
operator of a solid waste facility operating under a solid waste
facilities permit issued in accordance with this part, the owner or
operator may petition the executive director of the board, pursuant
to this subparagraph, to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) A petition submitted pursuant to subparagraph (A) shall be in
writing and shall state the extraordinary circumstances that justify
the stay. The petition shall also state the grounds, if any, on which
a finding may be made that the immediate effect of the order or
determination will preclude or interfere with the provision of an
essential public service so that the public health and safety or the
environment will be adversely affected.
(C) If the executive director finds the immediate effect of the
order or determination will preclude or interfere with the provision
of an essential public service so that the public health and safety
or the environment will be adversely affected, the executive director
shall consider and act on the petition within three days from the
receipt of the petition. The board or the executive director may
order the stay to be in effect from the effective date of the order
or determination or other appropriate date.
(D) If the executive director does not find that the immediate
effect of the order or determination will preclude or interfere with
the provision of an essential public service, the board shall act
upon the petition within 14 days or at its next scheduled public
meeting, whichever date is sooner.
(3) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to a person that is
not the owner or operator of a permitted solid waste facility, the
person subject to the order or determination may petition the board
pursuant to this subparagraph to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) The board shall act on a petition filed pursuant to
subparagraph (A) within 14 days or at its next scheduled public
meeting whichever date is sooner. The board may order the stay to be
in effect from the effective date of the order or determination or
other appropriate date.
(b) For purposes of this section, service may be effected by any
of the following:
(1) Personal delivery.
(2) First-class United States mail, if it is made by certified
mail and evidence of delivery is provided.
(3) Express delivery by a national express mail service that
provides evidence of delivery.
45018. The payment of civil liability assessed in any order issued
under this chapter shall be made within 30 days of the date the order
becomes final. Any penalties recovered shall be sent to the board or
to the enforcement agency, whichever brought the action, as provided
in subdivision (c) of Section 45014.
45019. At least 10 days prior to the date of issuance of an
enforcement order which is not for an emergency, or within five days
from the date of issuance of an enforcement order for an emergency,
or within 15 days from the date of discovery of a violation of a
state law, regulation, or term or condition of a solid waste
facilities permit for a solid waste facility or disposal site, which
is likely to result in an enforcement action, the following agencies
shall, to the extent that the enforcement action involves a violation
that may also be under the jurisdiction of another state regulatory
agency, provide a written statement providing an explanation of, and
justification for, the enforcement order or a description of the
violation in the following manner:
(a) The enforcement agency, as appropriate, shall provide the
statement to the regional water board, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(b) A regional water board, as appropriate, shall provide the
statement to the enforcement agency, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(c) An air pollution control district or an air quality management
district, as appropriate, shall provide the statement to the
enforcement agency, the board, the regional water board, and the
Department of Toxic Substances Control.
(d) The Department of Toxic Substances Control, as appropriate,
shall provide the report of inspection required by paragraph (1) of
subdivision (c) of Section 25185 of the Health and Safety Code to the
enforcement agency, the board, the regional water board, and the air
pollution control district or air quality management district.
45020. (a) Within 30 days from the date of receipt of a notice of
the issuance of, or the proposal to issue, an enforcement order
pursuant to Section 45022, the regional water board, the enforcement
agency, or the air pollution control district or the air quality
management district, and the Department of Toxic Substances Control,
as appropriate, shall inspect the solid waste facility or disposal
site to determine whether any state law, regulation, or term or
condition of a permit, which that board or agency is authorized to
enforce, is being violated.
(b) Each agency, to the maximum extent allowed by law, shall do
all of the following with respect to enforcement activities at solid
waste facilities and disposal sites:
(1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
(2) Notify the owner and operator of the solid waste facility or
owner and operator of the disposal site of a violation before
imposing an administrative civil penalty.
(3) Prior to imposing an administrative penalty, and upon the
request of the owner or operator of the solid waste facility or owner
or operator of the disposal site, meet with the owner or operator to
clarify the regulatory requirements and to determine what actions,
if any, the owner or operator could voluntarily take to bring the
solid waste facility or disposal site into compliance by the earliest
feasible date. If a contemporaneous enforcement action or
investigation dealing with the same violation or with similar
violations is being pursued by another regulatory agency, a city
attorney, a county counsel, a district attorney, or the Attorney
General, the operator may request a meeting with all those
investigating and enforcement entities.
(4) Consider the factors prescribed in Section 45016 in
determining appropriate enforcement actions.
45021. If any board or agency specified in Section 45019 receives a
complaint concerning a solid waste facility or disposal site and the
board or agency determines that it is not authorized to take action
concerning the complaint, the board or agency shall refer the
complaint within 30 days from the date of receipt to another state
agency that it determines is authorized to take action.
45022. If any agency or board specified in Section 45019 receives a
complaint concerning a solid waste facility or disposal site that
the agency or board does not refer to another state agency pursuant
to Section 45021, or if the agency or board receives this complaint
referred to it by another agency or board pursuant to Section 45021,
the agency or board shall either take appropriate enforcement action
concerning the facility or site pursuant to this part, or refer the
complaint to the Attorney General, the district attorney, the city
attorney, or the county counsel, whichever is applicable, or, at the
earliest feasible date, not to exceed 60 days, provide the person who
filed the complaint with a written statement explaining why an
enforcement action would not be appropriate.
45022.5. An enforcement agency shall maintain a record of, and take
any action that the enforcement agency is authorized to take
regarding, a complaint, referral, or inspection relating to the
operation of a solid waste facility, solid waste disposal site, or
solid waste handling activity, including, but not limited to, those
activities that do not require a solid waste facilities permit,
within its jurisdiction.
45023. A civil penalty of not more than ten thousand dollars
($10,000) may be imposed upon a person who for each day the violation
or operation occurs:
(a) Owns or operates a solid waste facility or disposal site and
who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit or a standard, requirement, or order applicable to
a solid waste facility or disposal site.
(b) Operates a solid waste facility without a solid waste
facilities permit.
(c) With respect only to a solid waste facility or disposal site,
intentionally or negligently violates a provision of this division,
or a regulation, administrative order, or standard adopted by the
board or an enforcement agency.
45024. Any attorney authorized to act on behalf of the board or a
local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Any penalties recovered pursuant to this section shall be paid, to
the maximum extent allowed by law, to the board or to the local
enforcement agency, whichever is represented by the attorney bringing
the action.
45010. (a) The board and enforcement agencies shall impose civil
penalties on the operators of solid waste facilities in a judicious
manner and shall impose those penalties only after all reasonable
efforts pursuant to Section 45010.2 have been made by enforcement
agencies to provide proper notice of violations to alleged violators
as well as a reasonable opportunity to bring solid waste facilities
and disposal sites into compliance with this division.
(b) An enforcement agency shall not deposit funds collected
through the imposition of civil penalties pursuant to this article in
the General Fund of the local enforcement agency, but instead shall
deposit those funds in a segregated account and use those funds
exclusively for enhancing solid waste enforcement within the local
enforcement agency's jurisdiction, including, but not limited to, all
of the following:
(1) Increasing enforcement programs.
(2) Expanding the agency's enforcement capabilities.
(3) Bringing solid waste facilities into compliance with this
division.
(4) Remediating illegal or abandoned solid waste disposal sites.
(c) Civil penalties paid to the board pursuant to this article
shall be deposited in the Enforcement Penalty Account, which is
hereby established in the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027. Notwithstanding subdivision
(b) of Section 48027, the moneys in the Enforcement Penalty Account
may be expended by the board, upon appropriation by the Legislature,
to enforce and implement this division.
45010.1. (a) The board or an enforcement agency may issue an order
imposing a civil penalty of not more than five thousand dollars
($5,000) for each violation, for each day that the violation
continues, to a person who violates the terms or conditions of a
solid waste facilities permit or who violates a requirement of this
division, a regulation adopted pursuant to this division, or an order
issued under this chapter, if the requirement, regulation, or order
is applicable to a solid waste facility or a disposal site. An
enforcement agency or the board may impose the penalty
administratively pursuant to this part.
(b) In determining the amount of civil liability to be imposed
pursuant to this section, the board or enforcement agency shall take
into consideration the factors specified in Section 45016.
45010.2. Before the board or enforcement agency issues an order
under this chapter, except for a notice to comply pursuant to Section
45003, the board or enforcement agency shall do both of the
following:
(a) Notify the owner or operator of the solid waste facility or
the owner or operator of the disposal site, that the facility or site
is in violation of this division, a regulation adopted pursuant to
this division, or an order issued under this division, applicable to
a solid waste facility or disposal site.
(b) Upon the request of the owner or operator of the solid waste
facility or the owner or operator of the disposal site, meet with the
owner or operator to clarify the applicable requirements and to
determine what actions, if any, that the operator or owner may
voluntarily take to bring the facility or site into compliance by the
earliest feasible date.
45011. If an enforcement agency or the board determines that a
solid waste facility or disposal site is in violation of this
division, a regulation adopted pursuant to this division, the terms
or conditions of a solid waste facilities permit, an order issued
under this division, or poses a potential or actual threat to public
health and safety or the environment, or determines that a person has
disposed of solid waste at an unpermitted disposal site in violation
of Section 44000.5, the enforcement agency or board may issue an
order establishing a time schedule according to which the facility or
site shall be brought into compliance with this division. The order
may also provide for a civil penalty, to be imposed administratively
by the enforcement agency or board, in an amount not to exceed five
thousand dollars ($5,000) for each day on which a violation occurs,
if compliance is not achieved in accordance with that time schedule.
45012. (a) If an enforcement agency, despite having made a good
faith effort pursuant to its enforcement authority or any other
authority, is unable to correct a violation, and the board, acting
through its executive director, and the enforcement agency both agree
that enforcement by the board is feasible and desirable pursuant to
these circumstances, the board, acting through its executive
director, may take any appropriate enforcement action pursuant to
this section.
(b) (1) Notwithstanding subdivision (a), the board shall not take
any enforcement action specified in this part without providing
notice to the enforcement agency and the violator of the board's
intent to take that action, allowing the enforcement agency and the
violator a reasonable opportunity to correct the violation, and
conducting a public hearing on the matter.
(2) When taking an enforcement action pursuant to this section,
the board is vested, in addition to its other powers, with all of the
authority to take an action that an enforcement agency may take
pursuant to this division.
(c) Notwithstanding subdivisions (a) and (b), if the board finds
that an enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health and safety or to the
environment, the board may take the enforcement action that the board
determines is necessary.
45013. The board shall make available guidance and assistance to
the enforcement agency regarding the inspection, investigation,
enforcement, and remediation of illegal, abandoned, inactive, or
closed disposal sites to ensure that public health and safety and the
environment are protected.
45014. (a) Upon the failure of a person to comply with a final
order issued by a local enforcement agency or the board, the Attorney
General, upon request of the board, shall petition the superior
court for the issuance of a preliminary or permanent injunction, or
both, as may be appropriate, restraining the person or persons from
continuing to violate the order or complaint.
(b) An attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, a term or condition in a
solid waste facilities permit, or a standard adopted by the board or
the local enforcement agency.
(c) In addition to the administrative imposition of civil
penalties pursuant to this part, Article 6 (commencing with Section
42850) of Chapter 16 of Part 3, and Article 4 (commencing with
Section 42962) of Chapter 19 of Part 3, an attorney authorized to act
on behalf of the local enforcement agency or the board may apply, to
the clerk of the appropriate court in the county in which the civil
penalty was imposed, for a judgment to collect the penalty. The
application, which shall include a certified copy of the decision or
order in the civil penalty action, constitutes a sufficient showing
to warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered shall include the amount of the court filing fee that
would have been due from an applicant who is not a public agency, and
has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may
be enforced in the same manner as any other judgment of the court in
which it is entered. The amount of the unpaid court filing fee shall
be paid to the court prior to satisfying any of the civil penalty
amount. Thereafter, any civil penalty or judgment recovered shall be
paid, to the maximum extent allowed by law, to the board or to the
local enforcement agency, whichever is represented by the attorney
who brought the action.
45015. Remedies under this part are in addition to, and do not
supersede or limit, any other applicable remedies provided by law.
45016. In making a determination regarding the allegations in, and
the amount of any liability that may be imposed pursuant to, an
order, petition, or complaint and determining the appropriate
outcome, and when determining whether to deny, suspend, or revoke a
permit or to deny a permit application, the issuing agency, the
board, or a court, as the case may be, shall take into consideration:
(a) The nature, circumstances, extent, and gravity of any
violation or any condition giving rise to the violation and the
various remedies and penalties that are appropriate in the given
circumstances, with primary emphasis on protecting the public health
and safety and the environment.
(b) Whether the violations or conditions giving rise to the
violation have been corrected in a timely fashion or reasonable
progress is being made.
(c) Whether the violations or conditions giving rise to the
violation demonstrate a chronic pattern of noncompliance with this
division, the regulations adopted pursuant to this division, or with
the terms and conditions of a solid waste facilities permit, or pose,
or have posed, a serious risk to the public health and safety or to
the environment.
(d) Whether the violations or conditions giving rise to the
violation were intentional.
(e) Whether the violations or conditions giving rise to the
violation were voluntarily and promptly reported to appropriate
authorities prior to the commencement of an investigation by the
enforcement agency.
(f) Whether the violations or conditions giving rise to the
violation were due to circumstances beyond the reasonable control of
the violator or were otherwise unavoidable under the circumstances.
(g) Whether in the case of violations of this division, or the
regulations adopted pursuant to this division, the violator has
established one or more of the following programs prior to committing
the violation that will help to prevent violations of the type
committed in the future:
(1) A comprehensive compliance program designed to prevent
violations of this division, the regulations adopted pursuant to this
division, and of the terms and conditions of the solid waste
facilities permit.
(2) Employee training programs designed to educate the employees
regarding their responsibilities under this division, the regulations
adopted pursuant to this division, and the terms and conditions of
the solid waste facilities permit.
(3) Regular internal audits to monitor the effectiveness of the
comprehensive compliance programs described in paragraph (1).
(4) Confidential systems for employee reporting of potential
statutory, regulatory, or solid waste facilities permit violations
and for protecting persons so reporting from retaliatory employment
actions.
(5) Special incentive programs that promote and reward statutory,
regulatory, and permit compliance.
45017. (a) (1) Except as provided in paragraphs (2) and (3), all
orders and determinations issued pursuant to this part or Part 4
(commencing with Section 43000) shall take effect immediately upon
service.
(2) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to the owner or
operator of a solid waste facility operating under a solid waste
facilities permit issued in accordance with this part, the owner or
operator may petition the executive director of the board, pursuant
to this subparagraph, to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) A petition submitted pursuant to subparagraph (A) shall be in
writing and shall state the extraordinary circumstances that justify
the stay. The petition shall also state the grounds, if any, on which
a finding may be made that the immediate effect of the order or
determination will preclude or interfere with the provision of an
essential public service so that the public health and safety or the
environment will be adversely affected.
(C) If the executive director finds the immediate effect of the
order or determination will preclude or interfere with the provision
of an essential public service so that the public health and safety
or the environment will be adversely affected, the executive director
shall consider and act on the petition within three days from the
receipt of the petition. The board or the executive director may
order the stay to be in effect from the effective date of the order
or determination or other appropriate date.
(D) If the executive director does not find that the immediate
effect of the order or determination will preclude or interfere with
the provision of an essential public service, the board shall act
upon the petition within 14 days or at its next scheduled public
meeting, whichever date is sooner.
(3) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to a person that is
not the owner or operator of a permitted solid waste facility, the
person subject to the order or determination may petition the board
pursuant to this subparagraph to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) The board shall act on a petition filed pursuant to
subparagraph (A) within 14 days or at its next scheduled public
meeting whichever date is sooner. The board may order the stay to be
in effect from the effective date of the order or determination or
other appropriate date.
(b) For purposes of this section, service may be effected by any
of the following:
(1) Personal delivery.
(2) First-class United States mail, if it is made by certified
mail and evidence of delivery is provided.
(3) Express delivery by a national express mail service that
provides evidence of delivery.
45018. The payment of civil liability assessed in any order issued
under this chapter shall be made within 30 days of the date the order
becomes final. Any penalties recovered shall be sent to the board or
to the enforcement agency, whichever brought the action, as provided
in subdivision (c) of Section 45014.
45019. At least 10 days prior to the date of issuance of an
enforcement order which is not for an emergency, or within five days
from the date of issuance of an enforcement order for an emergency,
or within 15 days from the date of discovery of a violation of a
state law, regulation, or term or condition of a solid waste
facilities permit for a solid waste facility or disposal site, which
is likely to result in an enforcement action, the following agencies
shall, to the extent that the enforcement action involves a violation
that may also be under the jurisdiction of another state regulatory
agency, provide a written statement providing an explanation of, and
justification for, the enforcement order or a description of the
violation in the following manner:
(a) The enforcement agency, as appropriate, shall provide the
statement to the regional water board, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(b) A regional water board, as appropriate, shall provide the
statement to the enforcement agency, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(c) An air pollution control district or an air quality management
district, as appropriate, shall provide the statement to the
enforcement agency, the board, the regional water board, and the
Department of Toxic Substances Control.
(d) The Department of Toxic Substances Control, as appropriate,
shall provide the report of inspection required by paragraph (1) of
subdivision (c) of Section 25185 of the Health and Safety Code to the
enforcement agency, the board, the regional water board, and the air
pollution control district or air quality management district.
45020. (a) Within 30 days from the date of receipt of a notice of
the issuance of, or the proposal to issue, an enforcement order
pursuant to Section 45022, the regional water board, the enforcement
agency, or the air pollution control district or the air quality
management district, and the Department of Toxic Substances Control,
as appropriate, shall inspect the solid waste facility or disposal
site to determine whether any state law, regulation, or term or
condition of a permit, which that board or agency is authorized to
enforce, is being violated.
(b) Each agency, to the maximum extent allowed by law, shall do
all of the following with respect to enforcement activities at solid
waste facilities and disposal sites:
(1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
(2) Notify the owner and operator of the solid waste facility or
owner and operator of the disposal site of a violation before
imposing an administrative civil penalty.
(3) Prior to imposing an administrative penalty, and upon the
request of the owner or operator of the solid waste facility or owner
or operator of the disposal site, meet with the owner or operator to
clarify the regulatory requirements and to determine what actions,
if any, the owner or operator could voluntarily take to bring the
solid waste facility or disposal site into compliance by the earliest
feasible date. If a contemporaneous enforcement action or
investigation dealing with the same violation or with similar
violations is being pursued by another regulatory agency, a city
attorney, a county counsel, a district attorney, or the Attorney
General, the operator may request a meeting with all those
investigating and enforcement entities.
(4) Consider the factors prescribed in Section 45016 in
determining appropriate enforcement actions.
45021. If any board or agency specified in Section 45019 receives a
complaint concerning a solid waste facility or disposal site and the
board or agency determines that it is not authorized to take action
concerning the complaint, the board or agency shall refer the
complaint within 30 days from the date of receipt to another state
agency that it determines is authorized to take action.
45022. If any agency or board specified in Section 45019 receives a
complaint concerning a solid waste facility or disposal site that
the agency or board does not refer to another state agency pursuant
to Section 45021, or if the agency or board receives this complaint
referred to it by another agency or board pursuant to Section 45021,
the agency or board shall either take appropriate enforcement action
concerning the facility or site pursuant to this part, or refer the
complaint to the Attorney General, the district attorney, the city
attorney, or the county counsel, whichever is applicable, or, at the
earliest feasible date, not to exceed 60 days, provide the person who
filed the complaint with a written statement explaining why an
enforcement action would not be appropriate.
45022.5. An enforcement agency shall maintain a record of, and take
any action that the enforcement agency is authorized to take
regarding, a complaint, referral, or inspection relating to the
operation of a solid waste facility, solid waste disposal site, or
solid waste handling activity, including, but not limited to, those
activities that do not require a solid waste facilities permit,
within its jurisdiction.
45023. A civil penalty of not more than ten thousand dollars
($10,000) may be imposed upon a person who for each day the violation
or operation occurs:
(a) Owns or operates a solid waste facility or disposal site and
who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit or a standard, requirement, or order applicable to
a solid waste facility or disposal site.
(b) Operates a solid waste facility without a solid waste
facilities permit.
(c) With respect only to a solid waste facility or disposal site,
intentionally or negligently violates a provision of this division,
or a regulation, administrative order, or standard adopted by the
board or an enforcement agency.
45024. Any attorney authorized to act on behalf of the board or a
local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Any penalties recovered pursuant to this section shall be paid, to
the maximum extent allowed by law, to the board or to the local
enforcement agency, whichever is represented by the attorney bringing
the action.
45010. (a) The board and enforcement agencies shall impose civil
penalties on the operators of solid waste facilities in a judicious
manner and shall impose those penalties only after all reasonable
efforts pursuant to Section 45010.2 have been made by enforcement
agencies to provide proper notice of violations to alleged violators
as well as a reasonable opportunity to bring solid waste facilities
and disposal sites into compliance with this division.
(b) An enforcement agency shall not deposit funds collected
through the imposition of civil penalties pursuant to this article in
the General Fund of the local enforcement agency, but instead shall
deposit those funds in a segregated account and use those funds
exclusively for enhancing solid waste enforcement within the local
enforcement agency's jurisdiction, including, but not limited to, all
of the following:
(1) Increasing enforcement programs.
(2) Expanding the agency's enforcement capabilities.
(3) Bringing solid waste facilities into compliance with this
division.
(4) Remediating illegal or abandoned solid waste disposal sites.
(c) Civil penalties paid to the board pursuant to this article
shall be deposited in the Enforcement Penalty Account, which is
hereby established in the Solid Waste Disposal Site Cleanup Trust
Fund created pursuant to Section 48027. Notwithstanding subdivision
(b) of Section 48027, the moneys in the Enforcement Penalty Account
may be expended by the board, upon appropriation by the Legislature,
to enforce and implement this division.
45010.1. (a) The board or an enforcement agency may issue an order
imposing a civil penalty of not more than five thousand dollars
($5,000) for each violation, for each day that the violation
continues, to a person who violates the terms or conditions of a
solid waste facilities permit or who violates a requirement of this
division, a regulation adopted pursuant to this division, or an order
issued under this chapter, if the requirement, regulation, or order
is applicable to a solid waste facility or a disposal site. An
enforcement agency or the board may impose the penalty
administratively pursuant to this part.
(b) In determining the amount of civil liability to be imposed
pursuant to this section, the board or enforcement agency shall take
into consideration the factors specified in Section 45016.
45010.2. Before the board or enforcement agency issues an order
under this chapter, except for a notice to comply pursuant to Section
45003, the board or enforcement agency shall do both of the
following:
(a) Notify the owner or operator of the solid waste facility or
the owner or operator of the disposal site, that the facility or site
is in violation of this division, a regulation adopted pursuant to
this division, or an order issued under this division, applicable to
a solid waste facility or disposal site.
(b) Upon the request of the owner or operator of the solid waste
facility or the owner or operator of the disposal site, meet with the
owner or operator to clarify the applicable requirements and to
determine what actions, if any, that the operator or owner may
voluntarily take to bring the facility or site into compliance by the
earliest feasible date.
45011. If an enforcement agency or the board determines that a
solid waste facility or disposal site is in violation of this
division, a regulation adopted pursuant to this division, the terms
or conditions of a solid waste facilities permit, an order issued
under this division, or poses a potential or actual threat to public
health and safety or the environment, or determines that a person has
disposed of solid waste at an unpermitted disposal site in violation
of Section 44000.5, the enforcement agency or board may issue an
order establishing a time schedule according to which the facility or
site shall be brought into compliance with this division. The order
may also provide for a civil penalty, to be imposed administratively
by the enforcement agency or board, in an amount not to exceed five
thousand dollars ($5,000) for each day on which a violation occurs,
if compliance is not achieved in accordance with that time schedule.
45012. (a) If an enforcement agency, despite having made a good
faith effort pursuant to its enforcement authority or any other
authority, is unable to correct a violation, and the board, acting
through its executive director, and the enforcement agency both agree
that enforcement by the board is feasible and desirable pursuant to
these circumstances, the board, acting through its executive
director, may take any appropriate enforcement action pursuant to
this section.
(b) (1) Notwithstanding subdivision (a), the board shall not take
any enforcement action specified in this part without providing
notice to the enforcement agency and the violator of the board's
intent to take that action, allowing the enforcement agency and the
violator a reasonable opportunity to correct the violation, and
conducting a public hearing on the matter.
(2) When taking an enforcement action pursuant to this section,
the board is vested, in addition to its other powers, with all of the
authority to take an action that an enforcement agency may take
pursuant to this division.
(c) Notwithstanding subdivisions (a) and (b), if the board finds
that an enforcement agency's failure to take enforcement action
constitutes an imminent threat to public health and safety or to the
environment, the board may take the enforcement action that the board
determines is necessary.
45013. The board shall make available guidance and assistance to
the enforcement agency regarding the inspection, investigation,
enforcement, and remediation of illegal, abandoned, inactive, or
closed disposal sites to ensure that public health and safety and the
environment are protected.
45014. (a) Upon the failure of a person to comply with a final
order issued by a local enforcement agency or the board, the Attorney
General, upon request of the board, shall petition the superior
court for the issuance of a preliminary or permanent injunction, or
both, as may be appropriate, restraining the person or persons from
continuing to violate the order or complaint.
(b) An attorney authorized to act on behalf of the local
enforcement agency or the board may petition the superior court for
injunctive relief to enforce this part, a term or condition in a
solid waste facilities permit, or a standard adopted by the board or
the local enforcement agency.
(c) In addition to the administrative imposition of civil
penalties pursuant to this part, Article 6 (commencing with Section
42850) of Chapter 16 of Part 3, and Article 4 (commencing with
Section 42962) of Chapter 19 of Part 3, an attorney authorized to act
on behalf of the local enforcement agency or the board may apply, to
the clerk of the appropriate court in the county in which the civil
penalty was imposed, for a judgment to collect the penalty. The
application, which shall include a certified copy of the decision or
order in the civil penalty action, constitutes a sufficient showing
to warrant issuance of the judgment. The court clerk shall enter the
judgment immediately in conformity with the application. The judgment
so entered shall include the amount of the court filing fee that
would have been due from an applicant who is not a public agency, and
has the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action, and may
be enforced in the same manner as any other judgment of the court in
which it is entered. The amount of the unpaid court filing fee shall
be paid to the court prior to satisfying any of the civil penalty
amount. Thereafter, any civil penalty or judgment recovered shall be
paid, to the maximum extent allowed by law, to the board or to the
local enforcement agency, whichever is represented by the attorney
who brought the action.
45015. Remedies under this part are in addition to, and do not
supersede or limit, any other applicable remedies provided by law.
45016. In making a determination regarding the allegations in, and
the amount of any liability that may be imposed pursuant to, an
order, petition, or complaint and determining the appropriate
outcome, and when determining whether to deny, suspend, or revoke a
permit or to deny a permit application, the issuing agency, the
board, or a court, as the case may be, shall take into consideration:
(a) The nature, circumstances, extent, and gravity of any
violation or any condition giving rise to the violation and the
various remedies and penalties that are appropriate in the given
circumstances, with primary emphasis on protecting the public health
and safety and the environment.
(b) Whether the violations or conditions giving rise to the
violation have been corrected in a timely fashion or reasonable
progress is being made.
(c) Whether the violations or conditions giving rise to the
violation demonstrate a chronic pattern of noncompliance with this
division, the regulations adopted pursuant to this division, or with
the terms and conditions of a solid waste facilities permit, or pose,
or have posed, a serious risk to the public health and safety or to
the environment.
(d) Whether the violations or conditions giving rise to the
violation were intentional.
(e) Whether the violations or conditions giving rise to the
violation were voluntarily and promptly reported to appropriate
authorities prior to the commencement of an investigation by the
enforcement agency.
(f) Whether the violations or conditions giving rise to the
violation were due to circumstances beyond the reasonable control of
the violator or were otherwise unavoidable under the circumstances.
(g) Whether in the case of violations of this division, or the
regulations adopted pursuant to this division, the violator has
established one or more of the following programs prior to committing
the violation that will help to prevent violations of the type
committed in the future:
(1) A comprehensive compliance program designed to prevent
violations of this division, the regulations adopted pursuant to this
division, and of the terms and conditions of the solid waste
facilities permit.
(2) Employee training programs designed to educate the employees
regarding their responsibilities under this division, the regulations
adopted pursuant to this division, and the terms and conditions of
the solid waste facilities permit.
(3) Regular internal audits to monitor the effectiveness of the
comprehensive compliance programs described in paragraph (1).
(4) Confidential systems for employee reporting of potential
statutory, regulatory, or solid waste facilities permit violations
and for protecting persons so reporting from retaliatory employment
actions.
(5) Special incentive programs that promote and reward statutory,
regulatory, and permit compliance.
45017. (a) (1) Except as provided in paragraphs (2) and (3), all
orders and determinations issued pursuant to this part or Part 4
(commencing with Section 43000) shall take effect immediately upon
service.
(2) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to the owner or
operator of a solid waste facility operating under a solid waste
facilities permit issued in accordance with this part, the owner or
operator may petition the executive director of the board, pursuant
to this subparagraph, to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) A petition submitted pursuant to subparagraph (A) shall be in
writing and shall state the extraordinary circumstances that justify
the stay. The petition shall also state the grounds, if any, on which
a finding may be made that the immediate effect of the order or
determination will preclude or interfere with the provision of an
essential public service so that the public health and safety or the
environment will be adversely affected.
(C) If the executive director finds the immediate effect of the
order or determination will preclude or interfere with the provision
of an essential public service so that the public health and safety
or the environment will be adversely affected, the executive director
shall consider and act on the petition within three days from the
receipt of the petition. The board or the executive director may
order the stay to be in effect from the effective date of the order
or determination or other appropriate date.
(D) If the executive director does not find that the immediate
effect of the order or determination will preclude or interfere with
the provision of an essential public service, the board shall act
upon the petition within 14 days or at its next scheduled public
meeting, whichever date is sooner.
(3) (A) If an order or determination is issued pursuant to this
part or Part 4 (commencing with Section 43000) to a person that is
not the owner or operator of a permitted solid waste facility, the
person subject to the order or determination may petition the board
pursuant to this subparagraph to stay the effect of the order or
determination, or portion thereof, pending the completion of
administrative appeals before the hearing panel or hearing officer or
the board.
(B) The board shall act on a petition filed pursuant to
subparagraph (A) within 14 days or at its next scheduled public
meeting whichever date is sooner. The board may order the stay to be
in effect from the effective date of the order or determination or
other appropriate date.
(b) For purposes of this section, service may be effected by any
of the following:
(1) Personal delivery.
(2) First-class United States mail, if it is made by certified
mail and evidence of delivery is provided.
(3) Express delivery by a national express mail service that
provides evidence of delivery.
45018. The payment of civil liability assessed in any order issued
under this chapter shall be made within 30 days of the date the order
becomes final. Any penalties recovered shall be sent to the board or
to the enforcement agency, whichever brought the action, as provided
in subdivision (c) of Section 45014.
45019. At least 10 days prior to the date of issuance of an
enforcement order which is not for an emergency, or within five days
from the date of issuance of an enforcement order for an emergency,
or within 15 days from the date of discovery of a violation of a
state law, regulation, or term or condition of a solid waste
facilities permit for a solid waste facility or disposal site, which
is likely to result in an enforcement action, the following agencies
shall, to the extent that the enforcement action involves a violation
that may also be under the jurisdiction of another state regulatory
agency, provide a written statement providing an explanation of, and
justification for, the enforcement order or a description of the
violation in the following manner:
(a) The enforcement agency, as appropriate, shall provide the
statement to the regional water board, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(b) A regional water board, as appropriate, shall provide the
statement to the enforcement agency, the board, the air pollution
control district or air quality management district, and the
Department of Toxic Substances Control.
(c) An air pollution control district or an air quality management
district, as appropriate, shall provide the statement to the
enforcement agency, the board, the regional water board, and the
Department of Toxic Substances Control.
(d) The Department of Toxic Substances Control, as appropriate,
shall provide the report of inspection required by paragraph (1) of
subdivision (c) of Section 25185 of the Health and Safety Code to the
enforcement agency, the board, the regional water board, and the air
pollution control district or air quality management district.
45020. (a) Within 30 days from the date of receipt of a notice of
the issuance of, or the proposal to issue, an enforcement order
pursuant to Section 45022, the regional water board, the enforcement
agency, or the air pollution control district or the air quality
management district, and the Department of Toxic Substances Control,
as appropriate, shall inspect the solid waste facility or disposal
site to determine whether any state law, regulation, or term or
condition of a permit, which that board or agency is authorized to
enforce, is being violated.
(b) Each agency, to the maximum extent allowed by law, shall do
all of the following with respect to enforcement activities at solid
waste facilities and disposal sites:
(1) Coordinate enforcement activities to eliminate duplication and
facilitate compliance.
(2) Notify the owner and operator of the solid waste facility or
owner and operator of the disposal site of a violation before
imposing an administrative civil penalty.
(3) Prior to imposing an administrative penalty, and upon the
request of the owner or operator of the solid waste facility or owner
or operator of the disposal site, meet with the owner or operator to
clarify the regulatory requirements and to determine what actions,
if any, the owner or operator could voluntarily take to bring the
solid waste facility or disposal site into compliance by the earliest
feasible date. If a contemporaneous enforcement action or
investigation dealing with the same violation or with similar
violations is being pursued by another regulatory agency, a city
attorney, a county counsel, a district attorney, or the Attorney
General, the operator may request a meeting with all those
investigating and enforcement entities.
(4) Consider the factors prescribed in Section 45016 in
determining appropriate enforcement actions.
45021. If any board or agency specified in Section 45019 receives a
complaint concerning a solid waste facility or disposal site and the
board or agency determines that it is not authorized to take action
concerning the complaint, the board or agency shall refer the
complaint within 30 days from the date of receipt to another state
agency that it determines is authorized to take action.
45022. If any agency or board specified in Section 45019 receives a
complaint concerning a solid waste facility or disposal site that
the agency or board does not refer to another state agency pursuant
to Section 45021, or if the agency or board receives this complaint
referred to it by another agency or board pursuant to Section 45021,
the agency or board shall either take appropriate enforcement action
concerning the facility or site pursuant to this part, or refer the
complaint to the Attorney General, the district attorney, the city
attorney, or the county counsel, whichever is applicable, or, at the
earliest feasible date, not to exceed 60 days, provide the person who
filed the complaint with a written statement explaining why an
enforcement action would not be appropriate.
45022.5. An enforcement agency shall maintain a record of, and take
any action that the enforcement agency is authorized to take
regarding, a complaint, referral, or inspection relating to the
operation of a solid waste facility, solid waste disposal site, or
solid waste handling activity, including, but not limited to, those
activities that do not require a solid waste facilities permit,
within its jurisdiction.
45023. A civil penalty of not more than ten thousand dollars
($10,000) may be imposed upon a person who for each day the violation
or operation occurs:
(a) Owns or operates a solid waste facility or disposal site and
who intentionally or negligently violates or causes or permits
another to violate the terms and conditions of a solid waste
facilities permit or a standard, requirement, or order applicable to
a solid waste facility or disposal site.
(b) Operates a solid waste facility without a solid waste
facilities permit.
(c) With respect only to a solid waste facility or disposal site,
intentionally or negligently violates a provision of this division,
or a regulation, administrative order, or standard adopted by the
board or an enforcement agency.
45024. Any attorney authorized to act on behalf of the board or a
local enforcement agency may petition the superior court to impose,
assess, and recover the civil penalties authorized by Section 45023.
Any penalties recovered pursuant to this section shall be paid, to
the maximum extent allowed by law, to the board or to the local
enforcement agency, whichever is represented by the attorney bringing
the action.
