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W <br />State of California <br />California Environmental <br />Protection Agency <br />To: Michael Wochnick Date: January 4, 2000 <br />Permitting & Enforcement Division <br />Original signed <br />by:- <br />r r <br />Michael Bledsoe <br />CALIFORNIA INTEGRATED WASTE MANAGEMI <br />' o- <br />1 . 1; <br />STATUTORY1 1 DISPOSAL <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 />LEAs have authority to enter, inspect, and enforce CIWMBstatutes 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, imder 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 re <br />sites under regulations adopted by CIWMB is not addressed in this memo gelate closed <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 />ure <br />3494, Code of Civil Procedure Section 731 and local ordinan <br />3 ces. <br />All references aie to the Public Resources Code, unless otherwise noted. <br />