Article 14 Enforcement Requirements

Modified on Mon, 17 Feb at 4:40 PM

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 14 Enforcement Requirements

Section 18995.1. Jurisdiction Inspection Requirements.

(a) On or before January 1, 2022, a jurisdiction shall have an inspection and enforcement program that is designed to ensure overall compliance with this chapter and that, at a minimum, includes the following requirements:

(1) Beginning January 1, 2022, and at least annually thereafter, a jurisdiction shall conduct the following:

(A) If the jurisdiction is using the compliance method described in Section 18984.1 or 18984.2 of this division, the jurisdiction shall complete a compliance review of all solid waste collection accounts for commercial businesses that are subject to its authority and that generate two cubic yards or more per week of solid waste,

including organic waste.

1. The jurisdiction shall also determine compliance with:

i. Organic waste generator requirements set forth in Section 18984.9(a).

ii. Self-haul requirements set forth in Section 18988.3, including whether a business is complying through back-hauling organic waste.

2. Beginning April 1, 2022, the jurisdiction shall either:

i. Conduct annual route reviews of commercial businesses and residential generators for compliance with organic waste generator requirements set forth in Section 18984.9(a) and container contamination requirements set

forth in Section 18984.5; or

ii. Perform waste evaluations consistent with Section 18984.5(c) to verify commercial businesses and residential generators compliance with organic waste generator requirements set forth in Section 18984.9(a).

(B) If a jurisdiction is using the compliance method described in Section 18984.3, the jurisdiction shall conduct a compliance review of all solid waste collection accounts for commercial businesses that are subject to its authority and generate two cubic yards or more per week of solid waste, including organic waste.

1. The jurisdiction shall also determine compliance with:

i. Organic waste generator requirements set forth in Section 18984.9(a) and document if the business is transporting the contents to a high diversion organic waste processing facility; or

ii. Self-hauling requirements pursuant to Section 18988.3, including whether a business is complying through back-hauling organic waste.

(2) Beginning January 1, 2022, conduct inspections of Tier One commercial edible food generators and food recovery organizations and services for compliance with this chapter. Beginning January 1, 2024, conduct inspections of Tier Two commercial edible food generators for compliance with Article 10 of this chapter.

(3) Beginning January 1, 2022, investigate complaints as required under Section 18995.3.

(4) Beginning January 1, 2022 and until December 31, 2023, a jurisdiction shall provide educational material describing the applicable requirements of this chapter in response to violations.

(5) Beginning January 1, 2024, a jurisdiction shall enforce this chapter pursuant to Sections 18995.4 and 18997.2 in response to violations.

(6) At least every five years from the date of issuance, verify through inspection that commercial businesses are meeting de minimis and physical space waivers for compliance consistent with the requirements of Section 18984.11.

(b) A jurisdiction shall conduct a sufficient number of route reviews and inspections of entities described in this section to adequately determine overall compliance with this chapter. A jurisdiction may prioritize inspections of entities that it determines are more likely to be out of compliance.

(c) A jurisdiction shall generate a written or electronic record for each inspection, route review, and compliance review conducted pursuant to this chapter. Each record shall include, at a minimum, the following information:

(1) Identifying information for the subject or subjects of the inspection, route review or compliance review, such as, but not limited to:

(A) The name or account name of each person or entity.

(B) A description of the hauler route and addresses covered by a route review.

(2) The date or dates the inspection, route review, or compliance review was conducted.

(3) The person or persons who conducted the action.

(4) The jurisdiction’s findings regarding compliance with this chapter, including any Notices of Violation or educational materials that were issued.

(5) Any relevant evidence supporting the findings in Subsection (4) above, such as, but not limited to, photographs and account records.

(6) Route review records shall also include a description of the locations of the route review(s) and the addresses where prohibited container contaminants are found, if any.

(d) Documentation of route reviews, compliance reviews, and inspections, as well as all other records of enforcement conducted pursuant to this chapter shall be maintained in the Implementation Record required by Section 18995.2 of this chapter, and shall include, but not be limited to:

(1) Copies of all documentation of route reviews, compliance reviews, and inspections.

(2) Copies of all enforcement actions required by Section 18995.4 of this chapter, including Notices of Violation and penalty orders.

(3) A list of the date(s) that the jurisdiction determined an entity complied with a Notice of Violation and the evidence that supports that compliance determination.

(4) Copies of notices and educational material provided as required by this section.

(e) Consistent with Section 18981.2, a jurisdiction may have a designee conduct inspections required by this section.

(f) Any records obtained by a jurisdiction through its implementation and enforcement of the requirements of this chapter shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code 20 Section 6250 et seq.

Section 18995.2. Implementation Record and Recordkeeping Requirements.

(a) A jurisdiction shall maintain all records required by this chapter in the Implementation Record.

(b) The Implementation Record shall be stored in one central location, physical or electronic, that can be readily accessed by the Department.

(c) Upon request by the Department, the jurisdiction shall provide access to the Implementation Record within ten business days.

(d) All records and information shall be included in the Implementation Record within 60 days of the creation of the record or information.

(e) All records shall be retained by the jurisdiction for five years.

(f) At a minimum, the following shall be included in the Implementation Record:

(1) A copy of all ordinances or other similarly enforceable mechanisms, contracts, and agreements, as required by this chapter.

(2) A written description of the jurisdiction's inspection and enforcement program that it uses to comply with Sections 18995.1 and 18995.4.

(3) All organic waste collection service records required by Section 18984.4.

(4) All contamination minimization records required by Section 18984.6.

(5) All waiver and exemption records required by Section 18984.14.

(6) All education and outreach records required by Section 18985.3.

(7) All hauler program records required by Section 18988.4.

(8) All jurisdiction edible food recovery program records required by Section 18991.2.

(9) All recovered organic waste procurement target records required by Section 18993.2.

(10) All recycled content paper procurement records required by Section 18993.4.

(11) All inspection, route review, and compliance review documents generated pursuant to the requirements of Section 18995.1(d).

(12) All records of enforcement actions undertaken pursuant to this chapter.

(13) All records of complaints and investigations of complaints required by Section 18995.3 and compliance with the jurisdiction’s inspection and enforcement requirements of Sections 18995.1.

(14) All records required by Section 18998.4 if the jurisdiction is implementing a performance-based source separated organic waste collection service under Article 17 of this chapter.

(g) All records maintained in the Implementation Record shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

Section 18995.3. Jurisdiction Investigation of Complaints of Alleged Violations.

(a) A jurisdiction shall provide a procedure for the receipt and investigation of written complaints of alleged violations of this chapter. The jurisdiction shall allow for the submission of anonymous complaints.

(b) The procedure shall provide that complaints be in writing and include the following information:

(1) If the complaint is not anonymous, the name and contact information of the complainant.

(2) The identity of the alleged violator, if known.

(3) A description of the alleged violation including location(s) and all other relevant facts known to the complainant.

(4) Any relevant photographic or documentary evidence to support the allegations in the complaint.

(5) The identity of any witnesses, if known.

(c) A jurisdiction shall commence an investigation within 90 days of receiving a complaint that meets the requirements of Subdivision (b) if the jurisdiction determines that the allegations, if true, would constitute a violation of this chapter. The jurisdiction may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the jurisdiction.

(d)The jurisdiction shall provide a procedure to notify a complainant of the results of their complaint if the identity and contact information of the complainant are known.

(e) The jurisdiction shall maintain records of all complaints and responses pursuant to this section in the Implementation Record set forth in Section 18995.2. The records shall include the complaint as received and the jurisdiction’s determination of compliance or notice of violations issued.

Section 18995.4. Enforcement by a Jurisdiction.

(a) With the exception of violations of the prohibited container contaminants provisions in Section 18984.5(a), which a jurisdiction shall enforce through the notice provisions of Section 18984.5(b), for violations of this chapter occurring on or after January 1, 2024, the jurisdiction shall take enforcement action as set forth in this section.

(1) The jurisdiction shall issue a Notice of Violation requiring compliance within 60 days of the issuance of that notice.

(2) Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the jurisdiction shall commence an action to impose penalties pursuant to Article 16 of this chapter.

(b) The jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued pursuant to Subdivision (a) if it finds that extenuating circumstances beyond the control of the respondent make compliance within the deadlines impracticable. For purposes of this section, extenuating circumstances are:

(1) Acts of God such as, earthquakes, wildfires, flooding, and other emergencies or natural disasters;

(2) Delays in obtaining discretionary permits or other government agency approvals; and

(3) Deficiencies in organic waste recycling capacity infrastructure or edible food recovery capacity, and the relevant jurisdiction is under a Corrective Action Plan pursuant to Section 18996.2 due to those deficiencies.

(1) The name(s), or account name(s) if different, of each person or entity to whom it is directed.

(2) A factual description of the violations of this chapter, including the regulatory section(s) being violated.

(3) A compliance date by which the operator is to take specified action(s).

(4) The penalty for not complying within the specified compliance date.