§ 45020. — 45020. (Amended by Stats. 2008, Ch. 500, Sec. 29.)

California § 45020.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 30.: DIVISION 30. WASTE MANAGEMENT
• Part 5.: PART 5. ENFORCEMENT
• Ch. 1.: CHAPTER 1. Administrative Enforcement
• Art. 3.: ARTICLE 3. Civil Penalties

Text

(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)
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)
Coordinate enforcement activities to eliminate duplication and facilitate compliance.
(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)
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)
Consider the factors prescribed in Section 45016 in determining appropriate enforcement actions.

Legislative History

Amended by Stats. 2008, Ch. 500, Sec. 29. Effective January 1, 2009.