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<br /> PUBLIC RFSOURCFS CODE 49
<br /> section authorizes an operator of such a facility to Chapter 6.5 or Chapter 7.6 (commencing with Sec- 9'
<br /> violate any term or condition of a local land use or tion 25800) of Division 20 of the Health and Safety
<br /> facility permit or any other provision of law not in Code.
<br /> conflict with this section. (Amended by Stilts. 199(), Ch. 1335, Sec. 3(). Effective
<br /> September 27. 199(1.)
<br /> (Added by Stats. 1989, Ch. 1)95,Sec.22.) r
<br /> 'The enforcement agency, within its juris- 43211. For those facilities which accept both
<br /> c fiction and consistent with its certification by the hazardous wastes and other solid wastes, the State
<br /> board hall do all of the following: Department of Health Services shall exercise en-
<br /> ' shall g' forcenlent and regulatory powers relating to the
<br /> (a) Enforce applicable provisions of this chapter control of the hazardous wastes at the facility pur-
<br /> and the regulations adopted thereunder, and under scant to Chapter 6.1 (commencing with Section
<br /> Section 43020, pertaining to the minimum standards 25015) and Article 8 (commencing with Section
<br /> for solid waste handling and disposal for the protec- - 25180) of Chapter 6.5 of Division 20 of the Health
<br /> tion of air, water, and land from pollution and and Safety Code. The board shall, at mixed waste
<br /> nuisance,and for the protection of the public health. disposal facilities, exercise enforcement and regula-
<br /> (b) Request enforcement by appropriate federal, tory powers relating to the control of solid wastes e
<br /> state, and local agencies of their respective laws other than hazardous wastes at the facility pursuant
<br /> governing solid waste storage, handling, and dis- to this chapter.
<br /> posal. (Amended by Stats. 1990, Ch. 1614,Sec. 17.) 1
<br /> (c) File with the board, upon its request, infor- 43212. If the board becomes the enforcement
<br /> mation the board determines to be necessary. agency, it may charge reasonable fees to the local
<br /> (d) Develop, implement, and maintain inspec- governing body to recover operation costs. t
<br /> tion, enforcement, and training programs. (Added by Stats. 1989• Ch. 1095•Sec. 22.)
<br /> (e) Adopt an enforcement program consisting of 43213. The enforcement agency may, upon a
<br /> regulations necessary to implement this chapter and majority vote of its local governing body, prescribe,
<br /> the standards adopted pursuant thereto, and to revise, and collect fees or other charges from each
<br /> establish specific local standards for solid waste operator of a solid waste facility or from any person
<br /> handling and disposal subject to approval by a who conducts solid waste handling if the local
<br /> majority vote of its local governing body. However, governing body having ratesetting authority has
<br /> any such regulation shall be consistent with this title approved rate adjustments to compensate the solid
<br /> and all regulations adopted by the board. The waste hauler or solid waste facility operator for the ,
<br /> enforcement program shall also include a descrip- amount of the fee or charges imposed pursuant to
<br /> tion of the locally adopted procedures for carrying this section. The fee or other charge shall be based a
<br /> out the permit and inspection program pursuant to on the weight, volume, or type of solid waste which
<br /> Chapter 3 (commencing with Section 44001). is received or handled by any such operator or
<br /> (f) Keep and maintain records of its inspection, person or on any other appropriate basis or any i
<br /> enforcement, training, and regulatory programs, combination of the foregoing. In no case shall the
<br /> and of any other official action in accordance with fee or other charge imposed by the enforcement
<br /> regulations adopted by the board. agency under this section exceed the actual cost of
<br /> (g) Consult, as appropriate, with the appropriate the solid waste enforcement authorized under this i
<br /> local health agency concerning all actions which title.
<br /> involve health standards. The consultation shall in- (Amended by Stats. 1990,Ch.305,Sec. 1.)
<br /> elude affording the health agency adequate notice 43214. The board shall develop performance
<br /> and opportunity to conduct and report the evalua- standards for evaluating local enforcement agencies
<br /> tion as it reasonably determines is appropriate. and shall periodically review each enforcement
<br /> (Added by Stats. 1989,Ch. 1095,Sec.22.) agency and its implementation of the permit, in-
<br /> 43210. For those facilities which accept only spection, and enforcement program. The board's
<br /> hazardous wastes, or which accept only low-level review shall include periodic inspections of solid
<br /> radioactive wastes, or facilities which only accept Waste facilities to assess compliance with state stan-
<br /> both, and to which the provisions of Chapter 6.5 dards. i!
<br /> (commencing with Section 25100) or Chapter 7.6 (Added by Stats. 1989, Ch. 1095,Sec.22.)
<br /> (commencing with Section 25800) of Division 20 of 43215. If the board finds that an enforcement
<br /> the Health and Safety Code apply,the board and the agency is not fulfilling its responsibilities, the board
<br /> enforcement agency have no enforcement or regu- shall notify the enforcement agency of the particu-
<br /> latory authority. All enforcement activities for the lar reasons for finding that the enforcement agency
<br /> facilities relative to the control of hazardous wastes is not fulfilling its responsibilities and of the board's
<br /> or low-level radioactive wastes shall be performed intention to withdraw its approval of the designation
<br /> by the State Department of Health Services pursu- if, within a time to be specified in that notification,
<br /> ant to Article 8 (commencing with Section 25180) of but in no event less than 30 days, the enforcement
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