Section 43209 - Duties of enforcement agencyThe enforcement agency, within its jurisdiction and consistent with its certification by the board, shall do all of the following:
(a) Enforce applicable provisions of this part, regulations adopted under this part, and terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001).(b) Request enforcement by appropriate federal, state, and local agencies of their respective laws governing solid waste storage, handling, and disposal.(c) File with the board, upon its request, information the board determines to be necessary.(d) Develop, implement, and maintain inspection, enforcement, permitting, and training programs.(e)(1) Establish and maintain an enforcement program consistent with regulations adopted by the board to implement this chapter, the standards adopted pursuant to this chapter, and the terms and conditions of permits issued pursuant to Chapter 3 (commencing with Section 44001).(2) The enforcement agency may establish specific local standards for solid waste handling and disposal subject to approval by a majority vote of its local governing body, by resolution or ordinance, if those standards are incorporated into the enforcement program specified in paragraph (1) and are approved by the department.(3) A standard established pursuant to this subdivision shall be consistent with this division and all regulations adopted by the board.(f) Keep and maintain records of its inspection, enforcement, permitting, training, and regulatory programs, and of any other official action in accordance with regulations adopted by the board.(g)(1) Consult, as appropriate, with the appropriate local health agency concerning all actions which involve health standards.(2) The consultation required by this subdivision shall include affording the health agency adequate notice and opportunity to conduct and report the evaluation as it reasonably determines is appropriate.(h) Establish and maintain an inspection program. (1) The inspection program required by this subdivision shall be designed to determine whether any solid waste facility is operating under any of the following:(A) The facility is operating without a permit.(B) The facility is operating in violation of state minimum standards.(C) The facility is operating in violation of the terms and conditions of its solid waste facilities permit.(D) The facility may pose a significant threat to public health and safety or to the environment, based on any relevant information.(2) The inspection program established pursuant to this subdivision shall also ensure frequent inspections of solid waste facilities that have an established pattern of noncompliance with this division, regulations adopted pursuant to this division, or the terms and conditions of a solid waste facilities permit. The inspection program may include public awareness activities, enforcement to prevent the illegal dumping of solid waste, and the abatement of the illegal dumping of solid waste.Ca. Pub. Res. Code § 43209
Amended by Stats 2013 ch 509 (AB 1398),s 4, eff. 1/1/2014.Amended by Stats 2008 ch 500 (AB 2679),s 12, eff. 1/1/2009.