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 17211.2 - Purpose and Limitation of a Stipulated Agreement

Universal Citation: 14 CA Code of Regs 17211.2

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

(a) A stipulated agreement may only be used in the event of a temporary emergency.

(b) A stipulated agreement may only be used when the EA and operator agree that the circumstance contributing to the temporary emergency was unforeseeable.

(c) An EA may use a stipulated agreement for the express purpose of enabling an operator of an existing permitted solid waste facility to operate in a manner not consistent with the terms and conditions of the solid waste facilities permit.

(d) The operator must comply with the terms and conditions of the solid waste facilities permit until such time as a stipulated agreement is provided by the EA.

(e) The term of the stipulated agreement once granted by the EA, shall not exceed 90 days. The EA may grant one or more extensions of 90 days or less as allowed in Section 17211.6.

(f) All permit terms and conditions, which are not the subject of the stipulated agreement, shall remain in effect.

(g) A stipulated agreement may be modified; cancelled, or revoked by the EA without advance notice should the EA determine that any of the following occurs:

(1) The use of the stipulated agreement causes or contributes to, or threatens to cause or contribute to, harm to the public health and safety or the environment;

(2) The terms of the stipulated agreement are not being used expressly to handle a temporary emergency and are not in the best interest of the public health and safety or the environment;

(3) The solid waste facilities permit has been revised to include terms and conditions that address the temporary emergency.

(4) The temporary emergency no longer exists (so the stipulated agreement is no longer necessary).

(h) A stipulated agreement shall be cancelled or revoked by the EA without advance notice should the EA determine that the operator is not in compliance with the time frames and requirements included in the stipulated agreement under Section 17211.5(c) and (d).

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).

Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.

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