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; and2. 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.Cal. Code Regs. Tit. 14, § 18996.2
1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45). Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
1. New section filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).