California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal
Article 3.5 - Temporary Waiver of Terms
Section 17211.1 - Definitions

Universal Citation: 14 CA Code of Regs 17211.1

Current through Register 2023 Notice Reg. No. 52, December 29, 2023

In addition to the definitions set forth in Section 17210.1 of Article 3, of this Chapter, the following definitions apply to this Article 3.5:

(a) "Stipulated agreement" means an enforceable document written by the EA, pursuant to Division 30, Public Resources Code, Section 45011(a), that provides a temporary waiver of specified terms and conditions of a solid waste facilities permit issued to an operator pursuant to this Division. The stipulated agreement is subject to appeal through the appeal process set out in Division 30, Public Resources Code, Parts 5 and 6.

(b) "Temporary emergency" means a temporary, unforeseeable circumstance, which results in a situation where it is necessary, in order to protect the public health and safety or the environment as determined by the EA, to waive specified terms and conditions of a solid waste facilities permit. "Temporary emergency" does not include competitive market changes or a failure on the part of the operator, the EA or a local government agency to plan for reasonably foreseeable future events. Further, because they are not unforeseeable, circumstances resulting from a labor controversy arising from issues at one or more solid waste facilities are not a "temporary emergency" with respect to the facility or facilities at which the labor controversy occurs.

1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. Amendment filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a) and Division 30, Parts 5 and 6, Public Resources Code.

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