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0 <br /> PUBLIC RESOURCES CODE <br /> SECTION 44001-44018 <br /> 1. Any person who proposes to become an operator of a solid <br /> waste facility shall file with the enforcement agency having <br /> jurisdiction over the facility, or the board if there is no <br /> designated and certified enforcement agency, an application for a <br /> solid waste facilities permit at least 150 days in advance of the <br /> date on which it is desired to commence operation, unless the <br /> enforcement agency issues a permit to the applicant to commence <br /> operations prior to that time. <br /> 2. (a) (1) No person shall operate a solid waste facility <br /> without a- solid waste facilities permit if''that`facility-is required <br /> er,!a permit'"pursuantto this division. If the enforcement <br /> agency determines that a person is so operating a solid waste <br /> facility, the enforcement agency shall immediately issue a cease and <br /> desist order pursuant to Section 45005 ordering the facility to <br /> immediately cease operations, and directing the owner or operator of <br /> the facility to obtain a solid waste facilities permit in order to <br /> resume operation of the facility. <br /> (2) This subdivision shall became operative October 16, 1996. <br /> (b) (1) Notwithstanding subdivision (a), the enforcement agency <br /> may stay the issuance of a cease and desist order issued pursuant to <br /> subdivision (a) if the solid waste facility meets all of the <br /> following conditions: <br /> (A) The facility is in the process of changing its ownership and <br /> use, and is in the process of obtaining a new or modified solid waste <br /> facilities permit. <br /> (B) The owner or operator of the facility is actively engaging in <br /> good faith efforts, as determined by the enforcement agency, to <br /> obtain the new or modified solid waste facilities permit in an <br /> expeditious manner. <br /> (C) An environmental impact report has been prepared and certified <br /> for the solid waste facility pursuant to Division 13 (commencing <br /> with Section 21000). <br /> (D) During the time that the facility is operating without a solid <br /> waste facilities permit, the facility is otherwise operating in a <br /> manner that is in compliance with this division and with any <br /> conditions required for that compliance imposed by the enforcement <br /> agency. <br /> (2) A stay granted by the enforcement agency pursuant to paragraph <br /> (1) shall be for not more than one year and may be extended by the <br /> enforcement agency for a period of time not to exceed one additional <br /> year, provided that the operator or proposed operator of the solid <br /> waste facility makes a continuing food faith effort, as determined by <br /> the enforcement agency, to obtain the solid waste facilities permit <br /> and remains in compliance with paragraph (1). <br />