Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Department shall take enforcement action against the following entities pursuant to the requirements of this section when a jurisdiction has failed to enforce this chapter as determined under Section 18996.3, or lacks the authority to enforce this chapter:
(1) Organic waste generators, commercial edible food generators, haulers, and food recovery organizations and services; and
(2) A non-local entity that is not subject to Section 18996.6 or 18996.7.
(b) Violations of this chapter that are subject to this section shall be enforced as follows:
(1) For a first violation:
(A) The Department shall issue a Notice of Violation requiring compliance within 60 days of the issuance of that notice.
(B) If the violation continues after the compliance deadline in the Notice of Violation, the Department shall issue a Notice and Order to Correct requiring compliance within 30 days of issuance of that Notice and Order. The Notice and Order to Correct shall inform the respondent that the Department shall impose penalties upon failure to comply by the deadline in that Notice and Order.
(C) If the violation continues after the compliance deadline in the Notice and Order to Correct, the Department shall commence action to impose penalties pursuant to Section 18997.5.
(2) For a second or subsequent violation occurring within 5 years of a first violation:
(A) The Department shall issue a Notice and Order to Correct requiring compliance within 30 days of the issuance of that Notice and Order. The Notice and Order to Correct shall inform the respondent that the Department may impose penalties upon failure to comply by the deadline in that Notice and Order.
(B) If the violation continues after the compliance deadline in the Notice and Order to Correct, the Department shall commence action to impose penalties pursuant to Section 18997.5.
(c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes the following findings based on available evidence, including relevant evidence provided by the respondent:
(1) Additional time is necessary to comply.
(2) Extenuating circumstances beyond the control of the respondent make compliance impracticable. For the purposes of this section, "extenuating circumstances" are:
(A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other emergencies or natural disasters.
(B) Delays in obtaining discretionary permits or other government agency approvals.
(C) An organic waste recycling infrastructure capacity deficiency and the jurisdiction within which the respondent is located is subject to a Corrective Action Plan pursuant to Section 18996.2 due to such deficiencies.
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.
