California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 9 - Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans
Article 9.2 - Disposal Reporting System
Section 18804 - Non-Compliance

Universal Citation: 14 CA Code of Regs 18804

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

(a) This section outlines the Board's process for handling allegations of non-compliance:

(1) If an agency receives written information on specific allegations of non-compliance pursuant to sections 18808.11(a) and (b), 18809.11(a) and (b), 18810.11(a) and (b), 18811.11(a) and (b), 18812.11(a), 18813.11(a) and (b), and 18814.11(a) and (b), it shall forward this information to the Board. The agency shall send this information in writing, with any additional information it has regarding specific allegations of non-compliance, no later than 60 working days after receiving the information.

(2) If an agency has its own specific allegations of hauler or operator non-compliance, the agency shall forward the information, in writing, to the Board pursuant to section 18812.11(c).

(3) A hauler, operator, jurisdiction, or district may forward information on specific allegations of agency non-compliance in writing to the Board as set forth in sections 18808.11(c), 18809.11(c), 18810.11(c), 18811.11(c), 18813.11(c), and 18814.11(c).

(4) Board staff shall work with affected parties to investigate and attempt to resolve allegations of non-compliance, including allowing the entity accused of non-compliance a reasonable opportunity to provide relevant information regarding the allegations. If Board staff substantiates the allegations and cannot resolve them, then the Board shall make a determination on the allegations of non-compliance at a public meeting. Based on a finding of non-compliance, the Board may take one or more of the following actions:

(A) notify the affected jurisdictions of the Board's finding of non-compliance,

(B) publish the name of the hauler or operator and the finding of non-compliance for a three-year period, using electronic or print media, or

(5) If the Board, based on its own investigation, determines that a hauler, operator, jurisdiction, agency, or district is not complying with the requirements of this Article, the Board may take one of the following actions:

(A) notify the affected jurisdictions of the Board's finding of non-compliance,

(B) publish the name of the hauler or operator and the finding of non-compliance for a three-year period, using electronic or print media, or

(6) If an agency, a public contract hauler, or an operator that is a jurisdiction fails to comply with this Article, and that failure prevents the Board from accurately determining the agency's or jurisdiction's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code.

(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers comply with the requirements of this Article.

1. New section filed 12-29-94; operative 12-29-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 52).
2. Amendment filed 9-21-2005; operative 1-1-2006 (Register 2005, No. 38).

Note: Authority cited: Sections 40502 and 41825, Public Resources Code. Reference: Section 41821.5, Public Resources Code.

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