§ 44305. — 44305. (Amended by Stats. 2004, Ch. 448, Sec. 4.)

California § 44305.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 4.: PART 4. SOLID WASTE FACILITIES
• Ch. 4.: CHAPTER 4. Denial, Suspension, or Revocation of Permits
• Art. 2.: ARTICLE 2. Suspension or Revocation

Text

(a)
An enforcement agency may, after holding a public hearing before a hearing panel or a hearing officer appointed pursuant to Section 44308 or 44309, in accordance with the procedures set forth in Section 44310, temporarily suspend a solid waste facilities permit if the enforcement agency determines that changed conditions at the facility necessitate a permit revision or modification to eliminate a significant threat to public health and safety or to the environment.
(b)
Notwithstanding subdivision (a), the enforcement agency may suspend a solid waste facilities permit prior to holding a hearing if the enforcement agency determines that changed conditions at the facility necessitate a permit revision or modification to prevent or mitigate an imminent and substantial threat to the public health and safety or to the environment. However, any person aggrieved by an action by an enforcement agency to suspend a permit pursuant to this subdivision may appeal the action to a hearing panel or hearing officer appointed pursuant to Section 44308 or 44309. The hearing panel or hearing officer shall, at the request of the aggrieved party, hear the appeal within three business days of the date when the permit was suspended, or the first day thereafter requested by the aggrieved party in compliance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. The hearing panel or hearing officer shall render its decision on the day the
hearing concludes. The hearing panel or hearing officer may affirm, modify, or rescind the permit suspension. A decision of a hearing panel or hearing officer appointed pursuant to Section 44308 or 44309 may be appealed pursuant to Section 45030.
(c)
The enforcement agency shall lift the permit suspension as soon as the changed conditions that necessitated the suspension pursuant to subdivision (b) have been corrected.

Legislative History

Amended by Stats. 2004, Ch. 448, Sec. 4. Effective January 1, 2005.