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• s Implementation of the Board's Facility Agenda Item No. 10 and LEA Evaluations Program January 22-23 , 1991 Page 2 Public Resources Code (PRC) sections 43218 and 43219 mandate that Local Enforcement Agencies (LEAs) perform monthly facility inspections and that the Board conduct annual facility inspections. PRC section 43219 also requires that an LEA performance review be conducted if the Board identifies instances where LEAs have not identified and resolved significant violations of the State Minimum Standards. The law also dictates that the Board withdraw an LEA's designation if the LEA fails to correct problems within their program. To carry out the above mandates the Board's Enforcement Division has prepared procedures to implement the Facility and LEA Evaluations Program. The procedures are contained in the Division's Facility Evaluation and Program Implementation Manual. Chapter 4 of the manual discusses the responsibilities of LEAs and the Board when regulating solid waste facilities and the possible ramifications of requlatory. actions. Other chapters cover health .and safety issues, inspection techniques, and administrative issues. The following concepts are embodied in Chapter 4: ® LEAs are the primary enforcers of state solid waste laws and regulations. Consequently, all permit and facility compliance issues initially will be directed to the LEAs so that they may take appropriate actions• ■ Following Board staff's inspections of all facilities within an LEA jurisdiction, a Facilities Evaluation Report (FER) will be prepared for presentation to the Board. The FER will contain two recommendations relating to (1) LEA performance, and (2) intent to include facilities on the State List of Non-Complying Facilities. The Board may act on the recommendations by authoritizing an investigation of the LEA's performance, and/or notifying facility operators of the intent to list the facility due to violations of the State Minimum Standards. a An Enforcement Flow Chart is included as Appendix V which graphically shows the ramifications of enforcement actions that may be taken and by whom. The severity of the action will depend upon the nature of the violation. Violations are categorized as either operational, emergency, permit, or closure/postclosure. A copy of Chapter 4 of the Facility Ey luation and Program e gntation Manual is included as Attachment 1.