Site Access Warrant Authority In the Event that Consensual Access is Denied by Property Owner:
44101. (a) In the investigation, the enforcement agency may inspect the facility, equipment, or vehicle used for storage, collection, transportation, processing, or disposal of solid waste, as necessary to ensure compliance with this division and to determine that the terms and conditions of solid waste facilities permits are being complied with.
(b) The inspection shall be made with the consent of the owner or possessor of the solid waste facilities permit or, if consent is refused, with a warrant duly issued pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, an inspection may be made without consent or the issuance of a warrant.
Authority to Conduct Investigations at CIA Sites
44100. (a) The enforcement agency, in issuing or reviewing any solid waste facilities permit or in connection with any action relating thereto or authorized by this division, may investigate the operation by any person of a transfer or processing station, disposal site, collection or handling equipment, or storage area for solid wastes.
(b) In the investigation, the enforcement agency may require any person, who is, or proposes to become, an operator of a transfer or processing station, disposal site, collection or handling equipment, or storage area for solid wastes, or any person which the enforcement agency believes may have information concerning a suspected violation of this division, to furnish, under penalty of perjury, any nonprivileged technical or monitoring program or other reports that the enforcement agency may specify.
IWMB Guidance to LEA for Investigations
45013. The board shall, upon the request of the local enforcement agency, provide guidance to the enforcement agency regarding the inspection and investigation of illegal, abandoned, or inactive closed sites, to ensure that public health and safety and the environment are protected.
Inspection of CIA Sites
Title 14 Section 18083. LEA Duties and Responsibilities for Inspections.
(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§20005 et seq.), and its EPP, the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, solid waste facilities, operations and disposal sites and equipment to verify compliance with the state minimum standards, solid waste facility permits, and related state solid waste laws and regulations within their purview for the protection of the environment and the public health. The LEA shall perform these inspections and related duties as required below, and forward inspection reports to the operator, and/or owner, and the board within 30 days of the inspection:
(1) Weekly, for sites operating on performance standards pursuant to 27 CCR 20695;
(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, pending abatement by enforcement action(s);
(3) at the frequency required by the state minimum standards for each type of operation regulated under the EA Notification tier.
(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 CCR 21565. For closed sites, inspections shall be made until no potential threat exists to public health and safety or the environment. This determination shall be subject to board approval. For the purposes of this subsection, the enumeration, and the workload analysis, a closed site means a site that has ceased accepting waste and, should be closed, is undergoing closure, or has met applicable closure requirements;
(A) the board may approve an alternate inspection frequency for these sites where such an action will not result in adverse impact on public health and safety and the environment.
Enforcement of State Minimum Standards at CIA Sites
44106. (a) The enforcement agency shall develop a compliance schedule for a solid waste facility included in the inventory prepared pursuant to Section 44104. The compliance schedule shall ensure that diligent progress will be made to bring the solid waste facility into compliance.
(b) Except as provided in subdivision (d), if the solid waste facility is not in compliance with the schedule established by the enforcement agency, the enforcement agency may revoke the operating permit of the solid waste facility until the violations of state minimum standards are remedied. If a closed or abandoned disposal site is not in compliance within the one-year period, the unremedied condition is prima facie evidence of negligence; and, in any action for damages against the owner of the property for injury caused by the unremedied condition, the burden of proving that the injury was not caused by the unremedied condition shall be on the owner of the property.
(c) The enforcement agency may recover any costs incurred pursuant to this section by charging the fee authorized by Section 43213.
(d) The enforcement agency shall refer violations of a waste discharge requirement adopted under Section 13263 of the Water Code to the appropriate regional water board.
Recovering Costs for Inspections, Investigation and Enforcement Actions
44106 (c) The enforcement agency may recover any costs incurred pursuant to this section by charging the fee authorized by Section 43213.
43222. Any fees or charges imposed pursuant to this part by any enforcement agency shall bear a direct relationship to the reasonable and necessary cost, as determined by the enforcement agency, of providing the efficient operation of the activities or programs for which the fee is assessed.
CIA Property Transfer
44005. (a) Any owner or operator of a solid waste facility who plans to encumber, sell, transfer, or convey the ownership or operations of a solid waste facility or disposal site to a new owner or operator, shall notify the enforcement agency and the board, 45 days prior to the date of the anticipated transfer. The notification shall be in writing and shall include information as determined by the board, including any financial assurances, if applicable.
20182. CIWMB–Change of Ownership. (T14: Section 17603)
When the title to a disposal site is transferred to another person, the new owner shall be notified by the previous owner of the existence of these standards and of the conditions assigned to assure compliance.
Cease & Desist Authority at Illegal Disposal Sites
44002. (a) (1) No person shall operate a solid waste facility without a solid waste facilities permit if that facility is required to have a permit pursuant to this division. If the enforcement agency determines that a person is so operating a solid waste facility, the enforcement agency shall immediately issue a cease and desist order pursuant to Section 45005 ordering the facility to immediately cease operations, and directing the owner or operator of the facility to obtain a solid waste facilities permit in order to resume operation of the facility.
45005. Any person who is operating, or proposes to operate, a solid waste facility, or who is disposing of solid waste in an unauthorized manner, or who owns a solid waste facility and causes or permits the operator to operate the facility (1) in violation of a solid waste facilities permit or in violation of this division, or any regulation adopted pursuant to this division, or (2) without a solid waste facilities permit, or (3) in a manner that causes or threatens to cause a condition of hazard, pollution, or nuisance shall, upon order of the enforcement agency, cease and desist any improper action.
45023. Any person who (a) owns or operates a solid waste facility and who intentionally or negligently violates or causes or permits another to violate the terms and conditions of a solid waste facilities permit, (b) operates a solid waste facility without a solid waste facilities permit, or (c) intentionally or negligently violates any standard adopted by the board, is subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each day the violation or operation occurs.
State Minimum Standards Applicable to CIA Sites (Including Potential Application of Closure and Postclosure Land Use Standards to CIA Sites)
43020. The board shall adopt and revise regulations which set forth minimum standards for solid waste handling, transfer, composting, transformation, and disposal, in accordance with this division, and Section 117590 of, and Chapter 6.5 (commencing with Section 25100) of Division 20 of, the Health and Safety Code. The board shall not include any requirements that are already under the authority of the State Air Resources Board for the prevention of air pollution or of the state water board for the prevention of water pollution.
Gas Monitoring and Control at Legacy MSW Disposal Sites (pre-regulation sites)
43030. (a) The board shall adopt regulations that are consistent with Section 40055 governing the monitoring and control of the subsurface migration of landfill gas.
(b) The board shall consult with the state water board, the State Air Resources Board, and the California Air Pollution Control Officers Association to ensure that the regulations do not conflict with any regulations adopted by the state water board and the State Air Resources Board or air pollution control districts and air quality management districts.
(c) The regulations adopted by the board pursuant to subdivision (a) shall establish monitoring and control standards, based on the potential of the waste to generate landfill gas, as determined by the board, and shall require owners and operators of disposal sites or disposal facilities to report monitoring data and to perform, or cause to be performed, site inventories and evaluations of disposal sites or disposal facilities for the subsurface migration of landfill gas.
(d) If an owner or operator of a disposal site or disposal facility is in compliance with requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located, the owner or operator shall be deemed to be in compliance with this section and with any regulations adopted by the board pursuant to this section. However, owners or operators of disposal sites and disposal facilities shall be required to comply with regulations adopted by the board pursuant to this section, which impose requirements not addressed by the requirements of the air pollution control district or the air quality management district within whose jurisdiction the disposal site or disposal facility is located.
20919. CIWMB–Gas Control. (T14: Section 17705)
Where the enforcement agency, the local fire control authority, or the CIWMB has cause to believe a hazard or nuisance may be created by landfill decomposition gases, they shall so notify the owner. Thereafter, the site owner shall cause the site to be monitored for presence and movement of gases, and shall take necessary action to control such gases. The site owner shall inform the operator of any actions ordered by the EA, the local fire control authority or the CIWMB concerning gas control methods. The monitoring program shall be developed pursuant to the specifications of the above agencies. The monitoring program shall not be discontinued until authorized to do so in writing by the requiring agency. Results of the monitoring shall be submitted to the appropriate agencies. If monitoring indicates methane gas movement away from the site, the owner shall, within a period of time specified by the requiring agency, construct a gas control system approved by that agency. The agency may waive this requirement if satisfactory evidence is presented indicating that adjacent properties are safe from hazard or nuisance caused by methane gas movement. The operator shall duly inform the disposal site owner of possible landfill gas problems.
20920. CIWMB–Scope and Applicability for Gas Monitoring and Control Requirements During Closure and Postclosure. (T14: Section 17760)
(a) Sections 20921 through 20937 set forth the performance standards and the minimum substantive requirements for landfill gas monitoring and control as it relates to proper closure, postclosure maintenance and ultimate reuse of solid waste disposal sites to assure that public health and safety and the environment are protected from pollution due to the disposal of solid waste.
(b) Sections 20921 through 20937 apply to:
(1) Solid waste disposal sites that did not commence complete closure prior to August 18, 1989, which was fully implemented by November 18, 1990, in accordance with all applicable requirements; and
(2) new postclosure activities that may jeopardize the integrity of previously closed sites or pose a threat to public health and safety or the environment.
Closure and Postclosure Land Use Standards Applicable to Legacy MSW Disposal Sites that Threaten Public Health and Safety
21100. CIWMB–Scope and Applicability. (T14: Section 17760)
(a) This article sets forth the performance standards and the minimum substantive requirements for proper closure, postclosure maintenance and ultimate reuse of disposal sites. The EA may require the operator or owner to address site-specific conditions as part of the solid waste facility permit or any plan needed for closure of the site to ensure that public health and safety and the environment are protected. [For water quality aspects of closure and/or postclosure maintenance, refer to requirements set forth in section 20950.]
(b) The regulations contained in this article apply to:
(1) disposal sites that did not complete closure prior to November 18, 1990, in accordance with all applicable requirements; and
(2) new postclosure activities that may jeopardize the integrity of previously closed disposal sites or pose a potential threat to public health and safety or the environment.
(c) All closure plans submitted after the effective date of the regulations shall conform to the regulations in this article. Closure plans submitted prior to the effective date of this article that have been deemed complete and for which detailed comments have been supplied by the CIWMB and the EA within 12 months of the original submittal date shall not need to be resubmitted. Closure plans submitted prior to the effective date of this article that have been deemed complete but for which detailed comments have not yet been supplied by the CIWMB and the EA may not need to be resubmitted.
(d) Closed sites for which closure plans were not approved pursuant to section 20164 or section 21099, and illegal or abandoned disposal sites which pose a threat to public health and safety or the environment shall implement the provisions of these regulations as required by the EA.
21140. CIWMB–Final Cover. (T14: Section 17773)
(a) The final cover shall function with minimum maintenance and provide waste containment to protect public health and safety by controlling at a minimum, vectors, fire, odor, litter and landfill gas migration. The final cover shall also be compatible with postclosure land use.
21142. CIWMB–Final Grading. (T14: Section 17776, Section 17777)
(a) Final grades must be designed and maintained to reduce impacts to health and safety and take into consideration any postclosure land use. [Note: for final grading requirements concerning water quality protection, see section section 21090(b).
21145. CIWMB–Slope Stability. (T14: Section 17777)
(a) The operator shall ensure the integrity of final slopes under both static and dynamic conditions to protect public health and safety and prevent damage to postclosure land uses, roads, structures, utilities, gas monitoring and control systems, leachate collection and control systems to prevent public contact with leachate, and prevent exposure of waste. Slope stability analyses shall be conducted and reported pursuant to the requirements of Division 2, Subdivision 1, Chapter 4, Subchapter 3, Article 4 Section 21750(f)(5).
(b) The operator shall notify the EA, CIWMB, and RWQCB in the event of any slope failure.
21150. CIWMB–Drainage and Erosion Control. (T14: Section 17778 , 17779)
[Water quality protection aspects for drainage and erosion control are addressed in section 20365 and section 21090, and in table 4.1 (in Article 4, Subchapter 2, Chapter 3 of this subdivision).]
(a) The drainage and erosion control system shall be designed and maintained to ensure integrity of postclosure land uses, roads, and structures; to prevent public contact with waste and leachate; to ensure integrity of gas monitoring and control systems; to prevent safety hazards; and to prevent exposure of waste.
21160. CIWMB–Landfill Gas Control and Leachate Contact. (T14:Section 17781, 17783)
(a) The operator shall implement and maintain landfill gas control and prevent leachate contact with the public or animals according to the requirements of this section.
(b) Gas monitoring and control shall be conducted during the closure and postclosure maintenance period pursuant to Article 6, Subchapter 4 of this chapter.
(c) During the closure/postclosure maintenance period, the owner/operator shall ensure that leachate collection and control is done in a manner which prevents public contact and controls
21170. CIWMB–Recording. (T14: Section 17787)
(a) The owner or operator, upon completion of closure of the site, shall file a detailed description of the closed site, including a map, with the Recorder of the County in which the site is located, with the EA and with the local agency that has been selected to maintain the county integrated waste management plan. The site description, upon completion of closure of the site, shall include but not be limited to the following:
(1) the date that closure was completed;
(2) the boundaries including height and depths of the filled area. If the site was closed in increments, the boundaries of each waste management unit;
(3) the location where the closure and postclosure plans can be obtained; and
(4) a statement that the future site use is restricted in accordance with the postclosure maintenance plan.
21190. CIWMB–Postclosure Land Use. (T14: Section 17796)
(a) Proposed postclosure land uses shall be designed and maintained to:
(1) protect public health and safety and prevent damage to structures, roads, utilities and gas monitoring and control systems;
(2) prevent public contact with waste, landfill gas and leachate; and
(3) prevent landfill gas explosions.
(b) The site design shall consider one or more proposed uses of the site toward which the operator will direct its efforts, or shall show development as open space, graded to harmonize with the setting and landscaped with native shrubbery or low maintenance ground cover.
(c) All proposed postclosure land uses, other than non-irrigated open space, on sites implementing closure or on closed sites shall be submitted to the EA, RWQCB, local air district and local land use agency. The EA shall review and approve proposed postclosure land uses if the project involves structures within 1,000 feet of the disposal area, structures on top of waste, modification of the low permeability layer, or irrigation over waste.