Section 18218 - Scope and Applicability(a) The Legislature has determined that a substantial number of persons are carrying out solid waste handling and composting activities in violation of current law due to changing trends in local solid waste handling and collection practices and state regulation of solid waste handling and composting activities. The Legislature has directed that the California Integrated Waste Management Board (Board) adopt regulations to enable such persons to obtain temporary solid waste facilities permits to authorize the continued operation of such facilities for a limited period to provide them time to obtain permanent solid waste facilities permits pursuant to the Integrated Waste Management Act (the Act) and Board regulations.(b) The purpose of this article is to authorize an enforcement agency, upon the concurrence of the Board's Executive Director, to issue a temporary solid waste facilities permit, to the operator of an eligible facility that is required to have a solid waste facilities permit but has not obtained such a permit.(c) This article establishes procedures by which operators may apply for a temporary solid waste facilities permit and informs operators of eligible facilities and enforcement agencies of those procedures.(d) This article establishes standards and other regulatory requirements for facilities operating under a temporary solid waste facilities permit.(e) This article establishes procedures for enforcement agency and Board consideration of applications for temporary solid waste facilities permits, for Board concurrence in or objection to proposed permits, and enforcement agency issuance or denial of permits.(f) This article does not restrict any facility or recycling center, as defined in 17402.5(d) of Title 14, California Code of Regulations (14 CCR), from conducting recycling activities in accordance with applicable law.(g) This article does not limit the authority of the state or a local agency, including the Board and an enforcement agency, to enforce State Minimum Standards and all other provisions of the Act and Board regulations within their respective jurisdictions.Cal. Code Regs. Tit. 14, § 18218
Note: Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
1. New article 3.1.1 (sections 18218-18218.9) and section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.