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 - Scope and Applicability

Universal Citation: 14 CA Code of Regs 17211

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

(a) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act), commencing at Section 40000 of the Public Resources Code, as amended. These Regulations should be read together with the Act.

(b) The purpose of this Article is to provide a means for an enforcement agency (EA) to authorize a temporary waiver from specific terms and conditions of a solid waste facilities permit for a limited period during a temporary emergency as defined in Section 17211.1(b). This Article does not authorize relief from requirements of State Minimum Standards, set out in Title 14, California Code of Regulations, Chapter 3, or other standard or requirement adopted by the Board.

(c) Pursuant to this Article, an Enforcement Agency (EA) may issue a stipulated agreement defined in Section 17211.1(a) that provides a temporary waiver of specific terms and conditions of a solid waste facilities permit during a temporary emergency.

(d) This article informs an operator, who holds a valid solid waste facilities permit, of the process for requesting a stipulated agreement in the event of an temporary emergency.

(e) This Article is not intended to limit the authority of the state or a local agency, including the EA or the Board to enforce the terms and conditions of a solid waste facilities permit that are not subject to the stipulated agreement, State Minimum Standards, and provisions of the Act.

1. New article 3.5 (sections 17211-17211.9) and 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 A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.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 Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).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 article 3.5 (sections 17211-17211.9) and 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 A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.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 article 3.5 (sections 17211-17211.9) and 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 article 3.5 (sections 17211-17211.9) and 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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