California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 12 - Short-Lived Climate Pollutants
Article 15 - Enforcement Oversight by the Department
Section 18996.3 - Department Enforcement when Jurisdiction Fails to Enforce
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Department shall take direct enforcement action against an entity subject to a jurisdiction's enforcement authority under this chapter consistent with the following requirements:
(a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as required by this chapter, the Department shall take direct enforcement action against that entity pursuant to Section 18996.9 upon the Department's compliance with Subdivision (b).
(b) Prior to initiating enforcement action under Section 18996.9 against the entity, the Department shall notify the jurisdiction in writing of its intent to do so and shall include a general description of the grounds for the Department's action.
(c) Nothing in this section shall be construed as a limitation on the Department taking enforcement action against the jurisdiction for a failure to comply with the requirements of this chapter.
1. New 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.
