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i <br /> , f <br /> State of California California Environmental <br /> Protection Agency <br /> MEMORANDUM <br /> To: Michael Wochnick Date: January 4,2000 <br /> Permitting&Enforcement Division <br /> From: Onom signed by: <br /> Michael L. Bledsoe <br /> CALIFORNIAINTEGRATED WASTE MANAGEMIENT BOARD <br /> Subject: STATUTORY AUTHORITY AT CLOSED DISPOSAL SITES <br /> QUESTION PRESENTED <br /> You have asked that we provide the statutory authority' pursuant to which local <br /> enforcement agencies("LEAs")can enter, inspect, and enforce California Integrated Waste <br /> Management Board("CIWMB")statutes and regulations at closed solid waste disposal sites, , <br /> including those that ceased operating before 1977.2 <br /> BRIEF ANSWER ` <br /> LEAs have authority to enter, inspect, and enforce CIWMB statutes and regulations at <br /> closed disposal sites, including those closed before 1977. Their authority to do so arises from <br /> their responsibility to inspect closed sites and to carry out standards adopted by CIWMB. They ' <br /> also have authority,under the AB 2136 program,to obtain funds to clean up sites which cause or <br /> threaten harm to the public health and safety or the environment. <br /> ANALYSIS <br /> Among the Legislature's stated purposes in enacting the California Integrated Waste <br /> Management Act of 1989(Public Resources Code Sections 40000 et seq.)(the "Act")are to <br /> The focus of this memo is LEA's statutory authority. LEA authority to regulate closed <br /> sites under regulations adopted by CIWMB <br /> 2 is nota in this memo. <br /> In many instances,closed sites constitute public.nuisances. This memo does not address <br /> the authority of local governments and LEAs to abate public nuisances under Civil Code Section <br /> 3494,Code of Civil Procedure Section 731 and local ordinances. <br /> 3 All references are to the public Resources Code,unless otherwise noted. <br />