Section 17211.4 - Issuing a Stipulated Agreement(a) The EA may issue a stipulated agreement upon making the following determinations: (1) A temporary emergency exists.(2) The operator requesting a stipulated agreement holds a valid solid waste facilities permit for the facility.(3) The operator is in compliance and has demonstrated good faith in maintaining compliance with state minimum standards and the terms and conditions of the existing solid waste facilities permit.(4) It is necessary to waive specified terms and conditions of a solid waste facilities permit in order to protect the public health and safety or the environment.(5) Operation under the stipulated agreement will not pose a threat to public health and safety or the environment.(6) Any restrictions, conditions, or terms contained in the stipulated agreement have been agreed upon by the EA and the operator.(7) A stipulated agreement may not be used for a recurring temporary emergency addressed by a previous stipulated agreement.(b) Within 5 working days of receipt of the operator's request for a stipulated agreement, the EA shall notify the operator in writing whether or not the request for a stipulated agreement has been granted. If the proposed stipulated agreement is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may again request the stipulated agreement at a later date or submit necessary documentation to receive the stipulated agreement.(c) If a stipulated agreement is not requested or a request is denied, the EA may address the changes required to address the temporary emergency through the processes and mechanisms included in Chapter 5, Article 4.(d) In the event the Executive Director conditions, limits, suspends, or terminates an operator's use of a stipulated agreement pursuant to Section 17211.9(a), the EA shall not find that an operator has violated any of the specific terms and conditions waived by the stipulated agreement for a violation occurring during the period between the EA's written approval of the stipulated agreement and the effective date of the Executive Director's action under Section 17211.9(a) when the Executive Director's action has the effect of setting aside or limiting the waiver of any such specific terms and conditions.Cal. Code Regs. Tit. 14, § 17211.4
1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. New subsections (a)(1) and (a)(4), subsection renumbering and new subsection (d) filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9). Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code.
1. New section filed 11-1-2001 as an emergency; operative 11-1-2001 (Register 2001, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 10).
3. New section filed 3-4-2002 as an emergency; operative 3-2-2002 (Register 2002, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2002 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 6-20-2002 as an emergency; operative 7-3-2002 (Register 2002, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-31-2002 or emergency language will be repealed by operation of law on the following day.
5. New section refiled 10-24-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 10-24-2002 order transmitted to OAL 2-21-2003 and filed 4-4-2003 (Register 2003, No. 14).
7. New subsections (a)(1) and (a)(4), subsection renumbering and new subsection (d) filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9).