Regulations Summary
Process of CalRecycle Withdrawal of Its Approval of Local Enforcement Agency DesignationsThe regulations described indicate when and how CalRecycle may withdraw its approval of an LEA designation or certification if the LEA is found not to be fulfilling its duties and responsibilities.
- The process for CalRecycle action over LEAs includes partial or full decertification, and withdrawal of an LEA designation approval.
- The regulations identify the process for a local governing body that elects to withdraw its current LEA designation.
(Note: Text of regulation sections below are verbatim from the California Code of Regulations except for reference to the California Department of Resources Recycling and Recovery or CalRecycle, formed in 2010 from the merger of the Integrated Waste Management Board and the Division of Recycling.)
Section 18011. Definitions.
“Decertification” means an action by the California Department of Resources Recycling and Recovery which withdraws, partially or fully, prior certification(s) issued to the enforcement agency. This action modifies the enforcement agency’s authority within its jurisdiction.
“Evaluation workplan” means a type of corrective action specified by CalRecycle. The action requires the LEA to develop a schedule to address jurisdictional compliance issues identified during the LEA evaluation process. The evaluation workplan is subject to CalRecycle approval.
The following section was revised to provide specific guidance to local governing bodies for their withdrawal of an existing local agency designation.
This is necessary to provide adequate time for CalRecycle to allocate budget, staff, and any other resources to assume enforcement agency duties and responsibilities on a local level. The language in the regulations also specifies that the withdrawal of a designation will not overturn any previous LEA action (enforcement, pending violations, orders of correction, requests for technical reports, or other enforcement agency efforts). Additionally, CalRecycle or any other enforcement agency selected by CalRecycle to assume enforcement duties for the affected jurisdiction would be empowered to enforce all orders issued by the previous LEA in conformance with state minimum standards.
Section 18056. Local Governing Body Withdrawal of LEA Designation.
(a) A designation of an LEA may be withdrawn by the local governing bodies that originally made the designation. Notice of the withdrawal shall be given to CalRecycle a minimum of 90 days in advance of the desired effective date of the withdrawal. This shall be done by a local governing body resolution or other official document in the same manner the designation was made. The notice of withdrawal shall specify whether a new local agency is to be designated, or whether the local governing body intends to have CalRecycle become the new enforcement agency. If the notice of withdrawal provides that a new local agency is to be designated, then the withdrawal of designation shall be expressly conditioned on board approval of the new designation. If the notice of withdrawal states that it is the local governing body’s intention for CalRecycle to become the new enforcement agency, then the withdrawal of designation shall not become effective until CalRecycle notifies the local governing body that it is prepared to assume responsibility as the enforcement agency. CalRecycle shall provide such notification on or before: (1) the end of the current fiscal year; or (2) 90 days after the notice of withdrawal is given to CalRecycle, whichever is later. CalRecycle shall then become the enforcement agency.
(b) All enforcement actions, pending violations, orders of corrections, requests for technical reports, or other enforcement agency efforts to achieve compliance with state requirements (including LEA enforcement actions and state minimum standards and permits) which were in effect under the departing LEA shall remain in effect under the jurisdiction of the new enforcement agency.
(c) Notice of designation of a new local agency shall be made in the manner specified in Section 18051.
The following section describes grounds for CalRecycle actions over LEAs:
Section 18085. Grounds for CalRecycle Actions Over LEAs.
An LEA’s failure to fulfill one or more of the following responsibilities and/or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the “Solid Waste Facilities Chapter of the Waste Management Act”) and/or these implementing regulations shall constitute sufficient ground(s) for any of CalRecycle actions set forth in 14 CCR 18086, including but not limited to:
(a) Failure of the LEA to comply with one or more of the Performance Standards referenced in Public Resources Code Section 43214 and/or its implementing regulation, 14 CCR 18081, including but not limited to:
(1) Failure of the LEA to maintain compliance with the certification requirements referenced in 14 CCR 18072-75, including but not limited to technical expertise, adequacy of staff resources, adequacy of budget resources, and training;
(2) Failure of the LEA to enforce facility compliance with one or more of the state minimum standards at solid waste facilities within the jurisdiction of the LEA, as referenced in Public Resources Code Section 43214(c);
(3) Failure of the LEA to maintain compliance with and/or implement one or more of the components of the LEA’s Enforcement Program Plan, as referenced in 14 CCR 18077; and
(4) Failure of the LEA to perform all applicable duties related to the California Environmental Quality Control Act.
(b) Failure of the LEA to fulfill one or more of its duties and/or responsibilities as referenced in Public Resources Code Section 43209 and/or its implementing regulations, including but not limited to:
(1) LEA Duties and Responsibilities for Permitting and Closure or Postclosure, as referenced in 14 CCR 18082;
(2) LEA Duties and Responsibilities for Inspections, as referenced in 14 CCR 18083; and
(3) LEA Duties and Responsibilities for Enforcement, as referenced in 14 CCR 18084.
(c) When public health and safety or the environment is threatened, CalRecycle shall, within 10 days of notifying the LEA, become the enforcement agency until another local agency is designated locally, approved and certified by CalRecycle pursuant to PRC Section 43214(c).