Section § 45010

Explanation

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.

(a)CA Public Resources Code § 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)CA Public Resources Code § 45010(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)CA Public Resources Code § 45010(b)(1) Increasing enforcement programs.
(2)CA Public Resources Code § 45010(b)(2) Expanding the agency’s enforcement capabilities.
(3)CA Public Resources Code § 45010(b)(3) Bringing solid waste facilities into compliance with this division.
(4)CA Public Resources Code § 45010(b)(4) Remediating illegal or abandoned solid waste disposal sites.
(c)CA Public Resources Code § 45010(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.

Section § 45010.1

Explanation

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.

(a)CA Public Resources Code § 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)CA Public Resources Code § 45010.1(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.

Section § 45010.2

Explanation

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.

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)CA Public Resources Code § 45010.2(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)CA Public Resources Code § 45010.2(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.

Section § 45011

Explanation

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.

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.

Section § 45012

Explanation

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.

(a)CA Public Resources Code § 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)Copy CA Public Resources Code § 45012(b)
(1)Copy CA Public Resources Code § 45012(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)CA Public Resources Code § 45012(b)(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)CA Public Resources Code § 45012(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.

Section § 45013

Explanation

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.

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.

Section § 45014

Explanation

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.

(a)CA Public Resources Code § 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)CA Public Resources Code § 45014(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)CA Public Resources Code § 45014(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.

Section § 45015

Explanation
This law states that the remedies offered under this part are in addition to other legal remedies. It means that these remedies do not replace or restrict any other legal options available.
Remedies under this part are in addition to, and do not supersede or limit, any other applicable remedies provided by law.

Section § 45016

Explanation

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.

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)CA Public Resources Code § 45016(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)CA Public Resources Code § 45016(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)CA Public Resources Code § 45016(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)CA Public Resources Code § 45016(d) Whether the violations or conditions giving rise to the violation were intentional.
(e)CA Public Resources Code § 45016(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)CA Public Resources Code § 45016(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)CA Public Resources Code § 45016(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)CA Public Resources Code § 45016(g)(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)CA Public Resources Code § 45016(g)(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)CA Public Resources Code § 45016(g)(3) Regular internal audits to monitor the effectiveness of the comprehensive compliance programs described in paragraph (1).
(4)CA Public Resources Code § 45016(g)(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)CA Public Resources Code § 45016(g)(5) Special incentive programs that promote and reward statutory, regulatory, and permit compliance.

Section § 45017

Explanation

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.

(a)Copy CA Public Resources Code § 45017(a)
(1)Copy CA Public Resources Code § 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)Copy CA Public Resources Code § 45017(a)(2)
(A)Copy CA Public Resources Code § 45017(a)(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)CA Public Resources Code § 45017(a)(2)(A)(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)CA Public Resources Code § 45017(a)(2)(A)(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)CA Public Resources Code § 45017(a)(2)(A)(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)Copy CA Public Resources Code § 45017(a)(3)
(A)Copy CA Public Resources Code § 45017(a)(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)CA Public Resources Code § 45017(a)(3)(A)(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)CA Public Resources Code § 45017(b) For purposes of this section, service may be effected by any of the following:
(1)CA Public Resources Code § 45017(b)(1) Personal delivery.
(2)CA Public Resources Code § 45017(b)(2) First-class United States mail, if it is made by certified mail and evidence of delivery is provided.
(3)CA Public Resources Code § 45017(b)(3) Express delivery by a national express mail service that provides evidence of delivery.

Section § 45018

Explanation

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.

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.

Section § 45019

Explanation

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.

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)CA Public Resources Code § 45019(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)CA Public Resources Code § 45019(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)CA Public Resources Code § 45019(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)CA Public Resources Code § 45019(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.

Section § 45020

Explanation

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.

(a)CA Public Resources Code § 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)CA Public Resources Code § 45020(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)CA Public Resources Code § 45020(b)(1) Coordinate enforcement activities to eliminate duplication and facilitate compliance.
(2)CA Public Resources Code § 45020(b)(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)CA Public Resources Code § 45020(b)(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)CA Public Resources Code § 45020(b)(4) Consider the factors prescribed in Section 45016 in determining appropriate enforcement actions.

Section § 45021

Explanation

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.

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.

Section § 45022

Explanation

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.

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.

Section § 45022.5

Explanation

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.

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.

Section § 45023

Explanation

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.

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)CA Public Resources Code § 45023(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)CA Public Resources Code § 45023(b) Operates a solid waste facility without a solid waste facilities permit.
(c)CA Public Resources Code § 45023(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.

Section § 45024

Explanation

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.

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.