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 18307 - Actions to Suspend or Revoke a Permit
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If the EA determines that there is cause for suspension or revocation of a permit pursuant to PRC sections 44305 or 44306 respectively, and the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation, the EA may issue to the operator, via certified mail with return receipt requested or by personal service if certified mail attempts are unsuccessful, a Notice of Intent to Suspend (NIS) or a Notice of Intent to Revoke (NIR) the permit. The NIS or NIR shall inform the operator of the EA's intent to suspend or revoke the permit and of the operator's right to request the matter to be heard in front of the hearing panel or hearing officer pursuant to PRC section 44310. If the operator does not request a hearing within 15 days of receipt of the NIS or NIR, the EA may take action to suspend or revoke the permit without a hearing or it may hold a hearing prior to taking such action.
(b) The EA may, in its discretion, precede the issuance of the NIS or NIR filing by service of an appropriate notice and order in the manner specified in section 18304, or it may include the NIS or NIR within a notice and order as long as the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation.
(c) Within five business days of issuing a NIS or NIR, the EA shall notify the board by providing it with a copy of the NIS or NIR.
(d) If, after an NIS or NIR has been issued the proceeding to suspend or revoke a permit is terminated in any manner other than by decision of the hearing panel or hearing officer, the LEA shall so advise the board in writing.
1. Amendment of subsection (d) 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. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of section heading, section and NOTE filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Change without regulatory effect amending subsections (a) and (d) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 44305- 44310, Public Resources Code.
