Cal. Code Regs. Tit. 14, § 18083 - LEA Duties and Responsibilities for Inspections

(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (§ 20005 et seq.), and its EPP, the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, solid waste facilities, operations and disposal sites and equipment to verify compliance with the state minimum standards, solid waste facilities permits, and related state solid waste laws and regulations within their purview for the protection of the environment and the public health and safety. The LEA/EA shall perform these inspections and related duties as required below, and forward inspection reports to the operator, and/or owner, and the Department within 30 days of the inspection:

(1) weekly, for sites operating on performance standards pursuant to 27 CCR Section 20695;

(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, pending abatement by enforcement action(s);

(3) at the frequency required by the state minimum standards for each type of operation specified in 14 CCR Sections 17383.9., 17403.5., and 17896.9. All other operations regulated under the EA Notification tier shall be inspected by the EA at least once every three (3) months unless the EA approves, with Department concurrence, a reduced inspection frequency. The EA may approve a reduced inspection frequency only if it will not pose an additional risk to public health and safety or the environment, and in no case shall the inspection frequency be less than once per calendar year. The EA shall submit a copy of the EA-proposed approval to the Department. The Department shall concur in the EA-proposed approval only if it finds that the reduced inspection frequency will not pose an additional risk to public health and safety or the environment in light of the specific circumstances at the operation in question. The Department shall concur or deny the EA-proposed approval within thirty (30) days from receipt.

(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 CCR Section 21565. For closed sites, inspections shall be made until no potential threat exists to public health and safety or the environment. This determination shall be subject to Department approval. For the purposes of this subsection, the enumeration, and the workload analysis, a closed site means a site that has ceased accepting waste and, should be closed, is undergoing closure, or has met applicable closure requirements;

(A) the Department may approve an alternate inspection frequency for these sites where such an action will not result in adverse impact on public health and safety and the environment.

(5) if an LEA has been designated as the EA for waste tire facilities or entered into an agreement with the Department through a grant program to inspect tire facilities, major waste tire facilities shall be inspected annually, minor waste tire facilities shall be inspected at least once every two and a half years pursuant to 14 CCR Section 18443;

(6) upon receipt of a complaint or emergency notification which cannot be resolved off-site;

(7) as necessary, pursuant to the EPP, upon receipt of a solid waste facilities permit application, revision, review, RFI amendment, or closure/postclosure plan;

(8) pursuant to the EPP, for solid waste handling and collection equipment; and

(9) at the frequency described in Sections 17409.5.12, 17869(j), and 17896.45(k).

(b) As specified in their EPP pursuant to Section 18077, the LEA/EA shall conduct any of the above inspections, whenever possible, without prior notice to the owner or operator, on randomly selected days, during normal business hours or the site's operating hours.

Notes

Cal. Code Regs. Tit. 14, § 18083

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), repealer of subsection (a)(1) and subsection renumbering, new subsection (a)(2), repealer and new subsections (a)(3)-(a)(7), new subsection (b) and amendment of NOTE filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (a), (a)(1) and (a)(3) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
6. Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).
7. Amendment of subsections (a)(7)-(8), new subsection (a)(9) and amendment of NOTE filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 42652.5, 43020 and 43021, Public Resources Code; and Section 39730.6, Health and Safety Code.

1. New section filed 12-17-91; operative 12-17-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).
2. Amendment of subsection (a), repealer of subsection (a)(1) and subsection renumbering, new subsection (a)(2), repealer and new subsections (a)(3)-(a)(7), new subsection (b) and amendment of Note filed 10-26-94; operative 10-26-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 43).
3. Change without regulatory effect amending subsections (a), (a)(1) and (a)(3) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
4. Amendment filed 4-12-2001; operative 5-12-2001 (Register 2001, No. 15).
5. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
6. Amendment filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).
7. Amendment of subsections (a)(7)-(8), new subsection (a)(9) and amendment of Note filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).