California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 4 - Enforcement by EA and Review by Department
Section 18303 - Investigations

Universal Citation: 14 CA Code of Regs 18303

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The EA shall conduct investigations of allegations made to it as required by subsection (e) of Section 18302 or, if applicable, as required by its own equivalent complaint review and investigation initiation procedure as described in its board-approved EPP, and shall conduct investigations of all other disposal sites, facilities and operations where it has reason to believe violations exist. In addition, the EA shall conduct such periodic investigations as it deems necessary to insure compliance with all related state solid waste laws and regulations. In any investigation of possible violation of a health-related standard, the LEA, if it is not the local health department, shall consult as appropriate with the local health department concerning enforcement and any other related actions. If an investigation of possible violation of a health-related standard is conducted by the board, it shall obtain and consider the recommendation of the State Department of Health Services in addition to that of the local health department/health officer.

(b) Investigations by LEAs shall be conducted in accordance with the procedures in their board-approved EPPs. The procedures shall include the requirements found in subsection (c).

(c) The EA shall maintain a record of each investigation. The record shall include but not be limited to the following:

(1) The names of all persons interviewed and the date ad location of each interview;

(2) A description of all documentary and other physical evidence examined;

(3) The dates, times, and locations of all inspections of the facility;

(4) A list of correspondence, including any written reports by the permittee;

(5) Any other evidence leading to resolve the issues.

(6) A summary of the findings and conclusions of each completed investigation.

(d) The summary of the findings and conclusions of each completed investigation shall be included in the next periodic inspection report, as applicable.

1. Amendment of subsection (b) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Amendment of section and new NOTE filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).

Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44100 and 44101, Public Resources Code.

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