Enforcement

Solid Waste Facility Operation and Closure

Integrated waste management enforcement programs are primarily carried out through local enforcement agencies (LEA) and the Board acting as the enforcement agency (EA). LEAs are designated by the governing body of a county or city and upon certification by the Board are empowered to implement delegated Board programs and locally designated activities.

Solid waste facility programs with specific compliance tools are:

• Active and Closed Solid Waste Facilities
• Closed, Illegal, and Abandoned Disposal Sites
• Enforcement Assistance and Facility Compliance
• Financial Assurances

The Board's regulation of solid waste facilities includes:

• Certifying LEA programs.
• Reviewing permitting and closure/postclosure documents.
• Providing inspection and oversight of local programs to ensure that State programs are effectively implemented.
• Enforcing State standards and permit conditions in addition to or in lieu of the LEA.
• Administering a remediation program for orphaned, illegal, and abandoned sites. 

If an LEA fails to take appropriate enforcement action, the Board also has the authority to take such action pertaining to active and closed facilities. LEAs and enforcement agencies (EA) have the ability to write and enforce compliance orders, corrective action orders, and cease and desist orders to ensure compliance at solid waste facilities. Additionally, facilities found in chronic violation of State minimum standards are published on the Board’s Inventory of Solid Waste Facilities That Violate State Minimum Standards. Other compliance tools can include those outlined in the LEA's enforcement program plan. The following are additional compliance tools in specific program areas.

Active and Closed Solid Waste Facilities : Each jurisdiction’s LEA or EA routinely inspects active and closed landfills, transfer stations, compost operations and facilities, construction and demolition operations and facilities, and other operations and facilities to ensure compliance with applicable State minimum standards and permit conditions. For operations or facilities that are not in compliance with State minimum standards or the conditions contained within their permit, the LEA or EA have the authority to issue Corrective Action Orders, Cease and Desist Orders, and civil penalties. The LEA and EA also have the authority to issue stipulated agreements and emergency waivers to facilities or operations located in an area with a declared emergency.

Closed, Illegal, and Abandoned Disposal Sites : The Board's Closed, Illegal, and Abandoned (CIA) Disposal Sites program assists local enforcement agencies in investigating and enforcing State minimum standards at CIA sites in California. Enforcement is an essential tool in the investigation and analysis of CIA disposal sites. Enforcement can provide for necessary actions, such as acquiring site access, abatement, notifications, stipulated agreements, and compliance with Title 14, California Code of Regulations (14 CCR).

Enforcement Assistance and Facility Compliance: When a LEA is not designated and certified or if the Board finds that a LEA is not fulfilling its duties and responsibilities, then the Board becomes the EA. The Board's Enforcement Assistance Section is responsible for ensuring that the Board fulfills its duties and responsibilities when serving as the EA. Among those responsibilities is inspection of facilities for compliance with State minimum standards and/or solid waste facility permit (SWFP) terms and conditions. In the event that a facility owner/operator does not comply with the State minimum standards and/or terms and conditions of its SWFP in a timely manner, the Board will pursue appropriate enforcement action.

Financial Assurances: Operators of disposal facilities are required to demonstrate financial assurances for closure and postclosure maintenance and operating liability to the Board. Operators are also required to maintain adequate funds for closure and postclosure maintenance and operating liability for third party claims. The Financial Assurances Section (FAS) enforcement procedures and authority to assess penalties are implemented according to Public Resources Code, sections 45000 and 45200.

Last updated: January 07, 2009