Cal. Code Regs. tit. 14 § 18350 : Natural Resources — Department of Resources Recycling and Recovery — Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees — Enforcement by Board — Enforcement Actions by Board

(a) Should the board find good cause exists for the issuance of a notice and order (N&O) or for the taking of any other enforcement action and should the board further find that the LEA has failed to take such an action pursuant to the LEA performance criteria in section 18084, the board may take such an action after implementing the following procedures:
(1) Request in writing an increased enforcement response by the LEA, consisting of additional enforcement action pursuant to its EPP and, if applicable, to a previously issued N&O, and offer technical assistance. The request shall include documentation of the lack of appropriate enforcement action on the part of the LEA;
(2) If the LEA fails to respond within 30 days of receipt of the request with an increased enforcement response, the board shall issue a Notice of Intent to Take Action (NIA) to the LEA and the operator. The NIA shall include the date and time for a board hearing which shall be scheduled in no case earlier than 30 days from the date the NIA is sent;
(3) If the LEA still fails to respond with an increased enforcement response, the board shall hold a public hearing regarding its intent to take action. At the hearing, the board may decide to take enforcement action or to take any other action to improve LEA performance pursuant to PRC section 43216.5.
(b) In taking enforcement action, the board shall follow applicable procedures set forth for the EA in sections 18304 through 18307, as applicable. Notice of such action shall be given to the LEA in the same time and manner required for notice to the board by the LEA pursuant to section18304(e).
(c) Notwithstanding section 18350(a), if the board finds that the LEA's failure to take enforcement action causes an imminent threat to public health and safety or the environment, the board may take enforcement action, as it deems necessary without prior notification or hearing.
(d) For purposes of this section, an imminent threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the damages to persons, property, natural resources, or the public health or safety.
(e) In taking any enforcement action related to health standards as defined in section 17205, the board shall coordinate its activities with the State Department of Health.

Cal. Code Regs. Tit. 14, § 18350

Note: Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45000- 45024, Public Resources Code.

1. Change without regulatory effect pursuant to section 100(b)(1) and (b)(4), Title 1, California Code of Regulations repealing former section 18350, and renumbering former section 18308 to section 18350 filed 5-4-90; operative 6-3-90 (Register 90, No. 24).
2. Amendment of section and Note filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).