Administrative EnforcementCivil Penalties
Section § 45010
This law states that when solid waste facilities violate regulations, they can be fined, but only after they've been given proper notice and the chance to correct the issue. The fines collected by local enforcement agencies can't go into their general budgets; instead, they must be used specifically to strengthen waste regulation efforts, like increasing enforcement programs or fixing illegal waste sites.
Meanwhile, fines collected by the state board are to be placed in a special fund called the Enforcement Penalty Account. This fund, part of a larger trust fund, can be used to support enforcement and implementation of waste management laws.
Section § 45010.1
This law allows a board or enforcement agency to fine someone up to $5,000 per day if they break the rules of a solid waste facility permit or any applicable regulations or orders. The penalty can be issued each day the violation continues and can be imposed administratively. When deciding how much to fine, the agency must consider certain factors listed in another section of the law.
Section § 45010.2
Before taking any enforcement action, except for issuing a notice to comply, the board or enforcement agency must first inform the facility or site owner/operator that they are violating waste management laws or regulations. If the owner or operator asks, the agency must meet with them to clarify what needs to be done to fix the violations and discuss any voluntary compliance actions they can take promptly.
Section § 45011
This law allows an enforcement agency or board to issue an order if a solid waste facility or disposal site is found violating certain rules or posing a threat to health, safety, or the environment. The order will set a timeline for the facility or site to fix the issues. If the violations aren't corrected by the deadline, the agency can impose a fine of up to $5,000 for each day the violation continues.
Section § 45012
This section explains what happens when a local enforcement agency can't fix a violation despite trying hard. In such cases, the board, through its executive director, can step in and take action if both the board and the agency agree it's a good idea.
However, the board must first inform both the agency and the violator about its plans and give them a chance to fix the issue. Additionally, a public hearing must be held before the board acts. The board has the same authority as the local agency to enforce the law.
But in cases where the agency's inaction poses an immediate danger to public health, safety, or the environment, the board can step in right away to handle the situation as necessary.
Section § 45013
This law section requires the board to help enforcement agencies by providing guidance on inspecting, investigating, enforcing, and fixing issues at illegal, abandoned, inactive, or closed disposal sites. The goal is to protect public health, safety, and the environment.
Section § 45014
If someone doesn't follow a final order from a local enforcement agency or the board, the Attorney General can ask the court to stop them through an injunction. This can be temporary or permanent to prevent further violations. Local agency attorneys can also request court orders to enforce rules about solid waste facilities.
Attorneys for these agencies can apply to the court to turn civil penalties into a court-ordered judgment to collect fines. They must provide a certified copy of the penalty decision, and the court will process this as a regular judgment, which can be enforced like any other court order. Any unpaid court filing fees must be covered first before the penalty amount is satisfied. Recovered penalties go to the agency that the attorney represents.
Section § 45015
Section § 45016
This law explains how authorities should decide on penalties or actions regarding permit issues or violations. When doing so, they must consider the seriousness and circumstances of the violation, including its impact on public health and the environment. Authorities look at whether violations were fixed quickly, whether they represent a pattern of repeated noncompliance, and if they were intentional.
Also, they evaluate if the violator reported the issue before an investigation began and if it was beyond their control. Finally, it's important to consider whether the violator has proactive programs to prevent future violations, like compliance programs, employee training, audits, reporting systems, and incentive programs.
Section § 45017
This section explains when orders related to waste management in California take effect and how they can be temporarily paused. Normally, these orders are effective immediately upon being served. However, if the order affects a solid waste facility owner or operator, they can request a temporary hold if the order interferes with essential public services. This request must be in writing and show how the immediate order impacts public health or the environment.
If granted, the executive director decides within three days whether to grant a stay on the order. If not granted, the board reviews the petition within two weeks or at its next meeting. Others who receive such orders can also request a stay, which the board reviews under similar timing.
The process for serving these orders can be done through personal delivery, certified mail with proof of receipt, or express mail services that provide delivery evidence.
Section § 45018
If you're ordered to pay a civil penalty under this law, you have 30 days to pay once the order is final. The money collected from these penalties goes to the agency that enforced the action.
Section § 45019
This law outlines procedures for sharing enforcement information among various state agencies in California related to solid waste facility violations. If there's a violation or enforcement action expected, the agencies involved must inform each other through written statements. This involves explaining or justifying the enforcement order or describing the violation. Agencies such as the regional water board, air pollution control districts, and the Department of Toxic Substances Control must all be kept in the loop depending on the nature of the violation. The timelines for notifying the appropriate agencies vary depending on whether the issue is an emergency or a non-emergency situation.
Section § 45020
This law section requires specific government agencies to inspect solid waste facilities or disposal sites when there is a notice of an enforcement order. They must check if any laws or permit terms are being violated. Each agency must try to coordinate their actions to avoid duplication and make it easier for facilities to comply with the rules.
Before imposing penalties, agencies should: notify the facility of the violation, offer meetings to clarify rules and discuss voluntary compliance actions, and consider various factors when deciding on enforcement actions. Additionally, if other agencies are also investigating the facility for similar issues, the facility can request a joint meeting with all involved parties.
Section § 45021
If a specific board or agency receives a complaint about a solid waste facility or disposal site but can't handle it, they have 30 days to forward the complaint to the proper state agency that can take action.
Section § 45022
If a complaint is made about a solid waste facility or disposal site, the responsible agency or board must either take action to enforce the law or refer the issue to legal authorities like the Attorney General or local attorneys. If they choose not to act, they must explain in writing to the person who complained why no action was taken. They have up to 60 days to do this.
Section § 45022.5
This law requires that any enforcement agency keeps a record of complaints, referrals, or inspections regarding solid waste facilities or sites. The agency must also take authorized actions on these issues, which includes activities that don't necessarily need a permit, as long as they are within its jurisdiction.
Section § 45023
This law says that if you own or run a solid waste facility and break the rules—either on purpose or by carelessness—you could be fined up to $10,000 for every day the violation happens. You can get in trouble if you violate the specifics of your permit or other regulations, or if you operate the facility without the proper permit.
This includes any intentional or careless breaking of environmental laws or ignoring orders set by regulatory agencies.
Section § 45024
This law allows an attorney acting for the board or a local enforcement agency to request a superior court to enforce civil penalties. These penalties are permitted by another law (Section 45023) and any money collected from these penalties should, as much as possible, be given to the board or agency that the attorney is representing.