Article 15. Enforcement Oversight by the Department

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

Article 15. Enforcement Oversight by the Department

Section 18996.1. Department Evaluation of Jurisdiction Compliance.

(a) The Department shall evaluate a jurisdiction’s compliance with this chapter as set forth in this article.

(b) In conducting a compliance evaluation, the Department shall review the jurisdiction’s Implementation Record and may conduct inspections, compliance reviews, and route reviews.

(c) The Department shall notify the jurisdiction prior to conducting a compliance evaluation.

(d) The Department shall provide its findings to the jurisdiction in writing.

(e) If the Department determines at any time that an ordinance adopted by a jurisdiction is inconsistent with or does not meet the requirements set forth in this chapter, the Department shall notify the jurisdiction and provide an explanation of the deficiencies. The jurisdiction shall have 180 days from that notice to correct the deficiencies. If the jurisdiction does not, the Department shall commence enforcement actions as set forth

in Section 18996.2.

Section 18996.2. Department Enforcement Action Over Jurisdictions.

(a) The Department shall enforce this chapter according to the following procedures:

(1) Issue a Notice of Violation requiring compliance within 90 days of the date of issuance of that notice. The Department shall grant an extension for up to a total of 180 days from the date of issuance of the Notice of Violation if it finds that additional time is necessary for the jurisdiction to comply.

(2) The Department shall extend the deadline for a jurisdiction to comply beyond the maximum compliance deadline allowed in Subdivision (a)(1) by issuing a Corrective Action Plan setting forth the actions a jurisdiction shall take to correct the violation(s). A Corrective Action Plan shall be issued if the Department finds that additional time is necessary for the jurisdiction to comply and the jurisdiction has made a substantial effort to meet the maximum compliance deadline but extenuating circumstances beyond the control of the jurisdiction make compliance impracticable. The Department shall base its finding on available evidence, including relevant evidence provided by the jurisdiction.

(A) If a jurisdiction is unable to comply with the maximum compliance deadline allowed in Subdivision (a)(1) due to deficiencies in organic waste recycling capacity infrastructure, the Department shall issue a Corrective Action Plan for such violations upon making a finding that:

1. Additional time is necessary for the jurisdiction to comply; and

2. The jurisdiction has provided organic waste collection service to all hauler routes where it is practicable and the inability to comply with the maximum compliance deadline in Subdivision (a)(1) is limited to only those hauler routes where organic waste recycling capacity infrastructure deficiencies have caused the provision of organic waste collection service to be impracticable.

3. The Department shall, if applicable, consider implementation schedules, as described in Section 18992.1, for purposes of developing a Corrective Action Plan but shall not be restricted in mandating actions to remedy violation(s) and developing applicable compliance deadline(s) to those provided in the Implementation Schedule.

(B) For the purposes of this section, “substantial effort” means that a jurisdiction has taken all practicable actions to comply. Substantial effort does not include circumstances where a decision-making body of a jurisdiction has not taken the necessary steps to comply with the chapter including, but not limited to, a failure to provide adequate staff resources to meet its obligations under this chapter, a failure to provide sufficient funding to ensure compliance, or failure to adopt the ordinance(s) or similarly enforceable mechanisms under Section 18981.2.

(C) For the purposes of this section, “extenuating circumstances” are:

1. Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other emergencies or natural disasters.

2. Delays in obtaining discretionary permits or other government agency approvals.

3. An organic waste recycling infrastructure capacity deficiency requiring more than 180 days to cure.

(3) A Corrective Action Plan shall be issued by the Department with a maximum compliance deadline no more than 24 months from the date of the original Notice of Violation and shall include a description of each action the jurisdiction shall take to remedy the violation(s) and the applicable compliance deadline(s) for each action.

The Corrective Action Plan shall describe the penalties that may be imposed if a jurisdiction fails to comply.

(A) An initial Corrective Action Plan issued due to inadequate organic waste recycling infrastructure capacity may be extended for a period of up to 12 months if the department finds that the jurisdiction has demonstrated substantial effort.

Section 18996.3. Department Enforcement When Jurisdiction Fails to Enforce.

The Department shall take direct enforcement action against an entity subject to a jurisdiction’s enforcement authority under this chapter consistent with the following requirements:

(a) If the jurisdiction fails to comply by the deadline in a Notice of Violation, or extension thereto, issued under Section 18996.2(a)(1) for failure to take enforcement action as required by this chapter, the Department shall take direct enforcement action against that entity pursuant to Section 18996.9 upon the Department’s compliance with Subdivision (b).

(b) Prior to initiating enforcement action under Section 18996.9 against the entity, the Department shall notify the jurisdiction in writing of its intent to do so and shall include a general description of the grounds for the Department’s action.

(c) Nothing in this section shall be construed as a limitation on the Department taking enforcement action against the jurisdiction for a failure to comply with the requirements of this chapter.

Section 18996.4. Access for Inspection by the Department.

(a) Upon presentation of proper credentials, an authorized Department employee or agent shall be allowed to enter the premises of any entity subject to this chapter during normal working hours to conduct inspections and investigations in order to examine organic waste recovery activities, edible food recovery activities, and records in order to determine compliance with this chapter. Methods may include, but are not limited to, allowing the review or copying or both, of any paper, electronic, or other records required by this chapter.

(1) This subdivision is not intended to permit an employee or agent of the Department to enter a residential property.

Section 18996.5. Enforcement Actions Against Organic Waste Generators Located In Multiple Jurisdictions.

(a) In matters of substantial statewide concern, where multiple jurisdictions determine that Department enforcement may be more effective at achieving the intent of this chapter than separate enforcement by each jurisdiction, multiple jurisdictions may, together, file a joint enforcement referral under this section.

(b) The joint referral may request that the Department take enforcement action in lieu of those jurisdictions against an organic waste generator or generators, including a commercial edible food generator or generators, with locations, at minimum, in each of those jurisdictions.

(c) The joint referral shall be filed with the director of CalRecycle and shall include:

(1) A statement of facts that includes a description of the following:

(A) The relevant locations of the organic waste generator or generators at issue;

(B) The alleged violations of this chapter, the locations of those violations, and the relevant regulatory sections; and

(C) All evidence known to the jurisdictions that supports the allegations in the statement of facts.

(2) An analysis of the following issues:

(A) Why the relevant enforcement matter is of substantial statewide concern; and

(B) The basis of the finding by the jurisdictions that Department enforcement against the relevant organic waste generator or generators will be more effective at achieving the intent of this chapter than separate enforcement by each jurisdiction.

(3) A signature from the person in each jurisdiction responsible for compliance with this chapter, as currently reported to the Department in Article 13, certifying that the allegations contained in the referral are true and correct to the best of their knowledge.

(d) The Department shall take enforcement action in lieu of the jurisdictions pursuant to this section and Section 18996.9 upon a finding that:

(1) The referral meets the requirements of this section and includes credible evidence supporting all of the factual allegations therein;

(2) The relevant enforcement matter described in the joint referral is of substantial regional or statewide concern; and

(3) Department enforcement action against the relevant organic waste generator will be more effective at achieving the goals of this chapter than separate enforcement by each jurisdiction.

(e) The Department shall respond, in writing, to the joint referral with a determination as to whether it will take enforcement action against the relevant generator in lieu of the jurisdictions.

(1) If the Department agrees to take enforcement action pursuant to a joint referral, the Department shall issue a written order to the relevant jurisdictions mandating suspension of their individual enforcement actions against the relevant organic waste generator or generators.

(2) If the Department fails to respond to a joint referral within 90 days of receipt, the joint referral shall be deemed denied.

Section 18996.6. Department Enforcement Action Regarding State Agencies.

(a) If the Department finds that a state agency is violating Article 5 or Article 10 of this chapter, then the Department shall take the following actions:

(1) Issue a Notice of Violation requiring compliance within 90 days of the date of issuance of that notice. The Department shall grant an additional extension up to 180 days fro m the date of issuance of the Notice of Violation if it finds that additional time is necessary for the state agency to comply. The Department shall base its finding on available evidence, including relevant evidence provided by the state agency.

(2) If a state agency fails to comply by the final deadline in a Notice of Violation, the Department shall take the following actions:

(A) List the state agency on the Organic Waste Recovery Noncompliance Inventory on the Department’s website until such time as the Department finds that the state agency is no longer in violation.

(B) Notify the Governor.

(C) Notify the Legislature.

Section 18996.7. Department Enforcement Action Regarding Local Education Agencies and Federal Facilities.

(a) If the Department finds that a local education agency or federal facility is violating this chapter, the Department shall issue a Notice of Violation requiring compliance within 90 days. The Department shall grant an additional extension up to 180 days from the date of issuance of the Notice of Violation if it finds that additional time is necessary for the local education agency or federal facility to comply. The Department shall base its finding on available evidence, including relevant evidence provided by the local education agency or federal facility. If the local education agency or federal facility fails to comply with the final deadline in a Notice of Violation, the Department shall list the local education agency or federal facility on the Organic Waste Recovery Noncompliance Inventory on its website until such time as the Department determines that the local education agency or federal facility is no longer in violation.

Section 18996.8. Department Investigation of Complaints of Alleged Violations.

(a) The Department shall receive and investigate written complaints of alleged violations of this chapter according to the requirements of this section.

(b) Complaints may be submitted anonymously, shall be submitted in writing, and shall 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) The Department shall commence an investigation within 90 days of receiving a complaint that meets the requirements of Subdivision (b) if the Department determines the allegations, if true, would constitute a violation of this chapter subject to the enforcement authority of the Department. The Department may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are

contrary to facts known to the Department. The Department shall notify the complainant of the results of the investigation if the identity and contact information of the complainant are known.

(d) If the Department receives a complaint about a violation within the enforcement authority of a jurisdiction, it shall refer the complaint to the jurisdiction for investigation under Section 18995.3.

Section 18996.9. Department Enforcement Actions Against Entities.

(a) The Department shall take enforcement action against the following entities pursuant to the requirements of this section when a jurisdiction has failed to enforce this chapter as determined under Section 18996.3, or lacks the authority to enforce this chapter:

(1) Organic waste generators, commercial edible food generators, haulers, and food recovery organizations and services; and

(2) A non-local entity that is not subject to Section 18996.6 or 18996.7.

(b) Violations of this chapter that are subject to this section shall be enforced as follows:

(1) For a first violation:

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

(B) If the violation continues after the compliance deadline in the Notice of Violation, the Department shall issue a Notice and Order to Correct requiring compliance within 30 days of issuance of that Notice and Order. The Notice and Order to Correct shall inform the respondent that the Department shall impose penalties upon failure to comply by the deadline in that Notice and Order.

(C) If the violation continues after the compliance deadline in the Notice and Order to Correct, the Department shall commence action to impose penalties pursuant to Section 18997.5.

(2) For a second or subsequent violation occurring within 5 years of a first violation:

(A) The Department shall issue a Notice and Order to Correct requiring compliance within 30 days of the issuance of that Notice and Order. The Notice and Order to Correct shall inform the respondent that the Department may impose penalties upon failure to comply by the deadline in that Notice and Order.

(B) If the violation continues after the compliance deadline in the Notice and Order to Correct, the Department shall commence action to impose penalties pursuant to Section 18997.5.

(c) The Department shall extend the deadlines set forth in Subdivision (b) if it makes the following findings based on available evidence, including relevant evidence provided by the respondent:

(1) Additional time is necessary to comply.

(2) Extenuating circumstances beyond the control of the respondent make compliance impracticable. For the purposes of this section, “extenuating circumstances” are:

(A) Acts of God, such as earthquakes, wildfires, mudslides, flooding, and other emergencies or natural disasters.

(B) Delays in obtaining discretionary permits or other government agency approvals.

(C) An organic waste recycling infrastructure capacity deficiency and the jurisdiction within which the respondent is located is subject to a Corrective Action Plan pursuant to Section 18996.2 due to such deficiencies.