Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) On or before January 1, 2022, a jurisdiction shall have an inspection and enforcement program that is designed to ensure overall compliance with this chapter and that, at a minimum, includes the following requirements:
(1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall conduct the following:
(A) If the jurisdiction is using the compliance method described in Section 18984.1 or 18984.2 of this division, the jurisdiction shall complete a compliance review of all solid waste collection accounts for commercial businesses that are subject to its authority and that generate two cubic yards or more per week of solid waste, including organic waste.
1. The jurisdiction shall also determine compliance with:
i. Organic waste generator requirements set forth in Section 18984.9(a).
ii. Self-haul requirements set forth in Section 18988.3, including whether a business is complying through back-hauling organic waste.
2. Beginning April 1, 2022, the jurisdiction shall either:
i. Conduct annual route reviews of commercial businesses and residential generators for compliance with organic waste generator requirements set forth in Section 18984.9(a) and container contamination requirements set forth in Section 18984.5; or
ii. Perform waste evaluations consistent with Section 18984.5(c) to verify commercial businesses and residential generators compliance with organic waste generator requirements set forth in Section 18984.9(a).
(B) If a jurisdiction is using the compliance method described in Section 18984.3, the jurisdiction shall conduct a compliance review of all solid waste collection accounts for commercial businesses that are subject to its authority and generate two cubic yards or more per week of solid waste, including organic waste.
1. The jurisdiction shall also determine compliance with:
i. Organic waste generator requirements set forth in Section 18984.9(a) and document if the business is transporting the contents to a high diversion organic waste processing facility; or
ii. Self-hauling requirements pursuant to Section 18988.3, including whether a business is complying through back-hauling organic waste.
(2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible food generators and food recovery organizations and services for compliance with this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial edible food generators for compliance with Article 10 of this chapter.
(3) Beginning January 1, 2022, investigate complaints as required under Section 18995.3.
(4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall provide educational material describing the applicable requirements of this chapter in response to violations.
(5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to Sections 18995.4 and 18997.2 in response to violations.
(6) At least every five years from the date of issuance, verify through inspection that commercial businesses are meeting de minimis and physical space waivers for compliance consistent with the requirements of Section 18984.11.
(b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of entities described in this section to adequately determine overall compliance with this chapter. A jurisdiction may prioritize inspections of entities that it determines are more likely to be out of compliance.
(c) A jurisdiction shall generate a written or electronic record for each inspection, route review, and compliance review conducted pursuant to this chapter. Each record shall include, at a minimum, the following information:
(1) Identifying information for the subject or subjects of the inspection, route review or compliance review, such as, but not limited to:
(A) The name or account name of each person or entity.
(B) A description of the hauler route and addresses covered by a route review.
(C) A list of accounts reviewed for each compliance review.
(2) The date or dates the inspection, route review, or compliance review was conducted.
(3) The person or persons who conducted the action.
(4) The jurisdiction's findings regarding compliance with this chapter, including any Notices of Violation or educational materials that were issued.
(5) Any relevant evidence supporting the findings in Subsection (4) above, such as, but not limited to, photographs and account records.
(6) Route review records shall also include a description of the locations of the route review(s) and the addresses where prohibited container contaminants are found, if any.
(d) Documentation of route reviews, compliance reviews, and inspections, as well as all other records of enforcement conducted pursuant to this chapter shall be maintained in the Implementation Record required by Section 18995.2 of this chapter, and shall include, but not be limited to:
(1) Copies of all documentation of route reviews, compliance reviews, and inspections.
(2) Copies of all enforcement actions required by Section 18995.4 of this chapter, including Notices of Violation and penalty orders.
(3) A list of the date(s) that the jurisdiction determined an entity complied with a Notice of Violation and the evidence that supports that compliance determination.
(4) Copies of notices and educational material provided as required by this section.
(e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct inspections required by this section.
(f) Any records obtained by a jurisdiction through its implementation and enforcement of the requirements of this chapter shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
1. New article 14 (sections 18995.1-18995.4) and section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
