Triggers for Local Enforcement Agency Assistance


Through the successful collaboration of the various branches in the Waste Permitting, Compliance and Mitigation Division, a set of “triggers” was established with the main purpose of determining the appropriate time to initiate the offer of assistance to local enforcement agencies (LEA). These triggers are intended to flag trends in an LEA program’s performance of duties; thereby, giving California Department of Resources Recycling and Recovery (CalRecycle) staff reasons to offer assistance to the program should the trend indicate a gap in performance. Subsequently, staff conveys the trend to the LEA along with the offer to assist. Triggers will not be used to evaluate programs. Contrarily, they can be used to reinforce the components needed to maintain a successful program.

The triggers will be available to LEAs so that they are aware of the same type of data that CalRecycle staff will use in the assistance mode. Although many situations are handled on a case-by-case basis, the triggers allow staff and the LEAs to understand common goals in the shared programs. At any point, the list can be adjusted to best fit the regulatory requirements and data systems.

Inspection Program Triggers

  1. Are permitted, illegal, inactive, abandoned, and exempt sites inspected according to the required regulatory frequency?
  2. Does the LEA send inspection reports to CalRecycle within 30 days?
  3. Does the LEA represent inspections correctly?
  4. Does the LEA fill out inspection forms correctly?
  5. If there are written complaints, is the LEA following up appropriately?

Enforcement Program Triggers

  1. If any of the LEA’s sites are on the inventory of solid waste facilities violating State Minimum Standards, has the LEA issued a compliance schedule within 15 days and is following up appropriately?
  2. The LEA may not be taking appropriate enforcement action.
  3. Is the LEA writing enforcement orders correctly per CCR, Title 14, Section 18304?
  4. Is the LEA enforcing orders?

Permit Program Triggers

  1. Is the LEA submitting complete and/or correct packages per CCR, Title 27, Section 21685 and for tiered permit process?
  2. Are permit review reports and reissuances prepared adequately and submitted as required?
  3. Is the LEA preparing and issuing permits/RFI amendments according to the time frames?
  4. Is the LEA identifying and pursuing permits for active unpermitted facilities?
  5. Is the LEA properly processing owner/operator changes and/or RFI amendments per CCR, Title 27, Sections 21665 and 21670?
  6. Is the LEA pursuing permit revisions as identified in the permit review report or during inspections?
  7. Is the LEA providing evidence of the required findings for permit/CEQA/RFI amendments correctly?

Closure Program Triggers

  1. Have sites within the LEA’s jurisdiction met applicable closure/postclosure requirements?
  2. Are closed sites within the jurisdiction inspected quarterly or at an approved Site Identification Process (SIP) frequency?
  3. Are any closed sites not maintaining compliance with closure/postclosure requirements as reported on closed site inspection forms?
  4. Are appropriate enforcement actions taken for facilities not complying with closure regulations?
  5. Are any sites in the LEA’s jurisdiction listed for non-compliance with closure requirements?
  6. Is the LEA assessing closed, illegal, and abandoned sites that need to be investigated?

Certification Program Triggers

  1. Are there any changes in the designation or responsibility of an LEA that may result in a conflict of interest?
  2. Is the LEA maintaining the staff technical expertise and levels identified in its EPP?
  3. Does the current budget indicate adequate resources?
  4. Is the EPP updated annually as required?
  5. Are training requirements being met?
  6. Is the EPP facility/site enumeration consistent with SWIS? If not, Certification staff will forward discrepancies to the appropriate permitting, inspection or closure staff contacts to reconcile SWIS with the LEA’s updated information.

Note: All P&E Division branches will coordinate issues. When assistance is given to the LEA by CalRecyels staff other branch contacts are notified so that other issues can be coordinated (as needed) at the same time

For more information contact: LEA Support Services,