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HomeMy WebLinkAboutMINUTES - 11052013 - D.1RECOMMENDATION(S): 1. ADOPT Resolution No. 2013/423, a copy of which is attached hereto, establishing the Contra Costa County Local Enforcement Agency Independent Hearing Panel ("Hearing Panel") and superseding a portion of Resolution No. 92/153, which established the Contra Costa County Local Enforcement Agency; and 2. ADOPT the Contra Costa County Local Enforcement Agency Independent Hearing Panel Policy and Procedures Manual, a copy of which is attached hereto; 3. The Hearing Panel is required to have (1) a public member (2) a member with technical expertise in the area of solid waste management and technology, and (3) no more than one member of the Board of Supervisors; 4. CONSIDER whether to require that the public member be a resident of Contra Costa County; and CONSIDER whether to designate a Board member to be appointed to the Hearing Panel when a term is established; and 5. REFER this matter to a Board of Supervisor's Standing Committee with directions to recruit and screen applicants for membership on the Hearing Panel and recommend appointments to this Board. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/05/2013 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marilyn Underwood, 925-692-2521 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 5, 2013 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.1 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:November 5, 2013 Contra Costa County Subject:Establishment of the Contra Costa County Local Enforcement Agency Independent Hearing Panel FISCAL IMPACT: State law and regulations require hearings to be conducted regarding certain actions of local enforcement agencies. This is an unfunded state mandate. The Manual provides for Hearing Panel members to receive a flat sum of fifty dollars ($50.00) on those days the panel meets. The payment would be intended to compensate members for their time and expenses incurred in attending meetings. This cost would be funded by solid waste tipping fees. BACKGROUND: 1. Background and Duties of the LEA Assembly Bill 939, signed into law on September 29, 1989. established the California Integrated Waste Management Board (“CIWMB”) and required that all cities and counties have Integrated Waste Management Plans. That board was dissolved and its duties were transferred in 2010 to the California Department of Resources Recycling and Recovery (“CalRecycle”). CalRecycle oversees and coordinates all solid waste issues throughout the State, including implementation of enforcement and permitting activities at solid waste facilities. A local enforcement agency can be certified by CalRecycle to implement certain permitting and enforcement activities within a jurisdiction. In 1992, the Contra Costa County Environmental Health Division of the Contra Costa County Health Services Department was designated by the Contra Costa County Board of Supervisors and certified as the local enforcement agency (LEA) for all of Contra Costa County except the City of Pittsburg. The County LEA enforces state and local minimum standards for solid waste collection, handling, storage and disposal for the protection of the air, water and land from pollution and nuisance, and for the protection of the public health and safety and the environment. Statutes and regulations enforced by the County LEA include provisions of Division 30 of the Public Resources Code and Titles 14 and 27 of the California Code of Regulations. Among the specific duties of the County LEA are the permitting of solid waste facilities. Solid waste facilities include solid waste transfer or processing stations, composting facilities, transformation facilities and disposal facilities. The permitting process includes the issuance of solid waste facilities permits as well as the denial, revision, modification, suspension and revocation of permits. The County LEA also performs regular inspections of solid waste facilities. A solid waste facility is required to comply with applicable laws and regulations and the terms and conditions of any solid waste facilities permit issued by the County LEA to the facility. Compliance is usually achieved through inspection reports and compliance schedules. Where violations are found, the County LEA works with affected parties on corrective measures as long as those parties make a good faith effort to comply with the requirements. A solid waste facility that fails to meet the applicable requirements is subject to enforcement action by the County LEA. The County LEA generally will first issue a Notice of Violation, which outlines the steps to take to achieve compliance. If a facility fails to comply with time frames prescribed in a Notice of Violation, the County LEA issues an enforcement order. Types of enforcement orders include corrective action orders, cease and desist orders and compliance orders. Noncompliance with an enforcement order can result in the initiation of proceedings to suspend or revoke the solid waste facility=s permit. The County LEA may also impose civil penalties against a recalcitrant owner or operator. 2. Hearing Requirements The Public Resources Code requires an LEA to hold hearings (1) before taking certain actions, (2) in response to challenges to specified actions the LEA has taken, (3) at the request of specified persons regarding particular actions taken by the LEA or the alleged failure of the LEA to act as required by law or regulation. Other hearings are required by the California Code of Regulations. Either a hearing officer or hearing panel must be appointed to conduct the hearings. In 1992, this Board, in its capacity as the governing body of the County LEA, adopted Resolution No. 92/153, which among other things appointed the full Board to serve as the hearing panel pursuant to a statute that was later repealed. Under current law, hearings regarding the above matters may be conducted by either a hearing officer or by a hearing panel, which may be either (1) a panel of three members of the LEA governing body or (2) an independent three-member panel appointed. (Pub. Resources Code, § 44308.) The California Code of Regulations requires the appointment of either an independent hearing panel or hearing officer when in the jurisdiction of the LEA there exists a publicly owned or operated solid waste facility or disposal site. In Contra Costa County, the following jurisdictions own solid waste facilities: City of El Cerrito (Registration Tier Permit Transfer Station), City of Brentwood (Brentwood Transfer Station), City of Martinez (Martinez City Rubbish-closed landfill), City of Richmond (Naval Fuel Depot Pt. Molate-closed landfill), the City of Antioch (Antioch City Landfill-closed landfill), and the California Department of Water Resources (Banks Delta Pumping-closed dump site in Byron). For this reason, CalRecycle has recommended that an independent hearing panel be established. CalRecycle has also advised that there can be only one LEA hearing panel. 3. Hearing Panel Appointments Public Resources Code section 44308 governs appointments to the Hearing Panel as follows: No more than one member of the Board shall serve on the Hearing Panel.1. Members of the Hearing Panel shall be selected for their legal, administrative, or technical abilities in areas relating to solid waste management. 2. At least one member shall be a technical expert with knowledge of solid waste management methods and technology. 3. At least one member shall be a representative of the public at large.4. A member shall serve for a term of four years and may not serve more than two consecutive terms.5. Finding suitable candidates for membership on the Hearing Panel, particularly the technical expert, will require a recruiting process beyond postings by the Clerk of the Board. It is therefore recommended that this matter be referred to the Internal Operations Committee with instructions to (1) work with LEA staff to develop application materials and recruit suitable candidates based on the above qualifications, (2) interview candidates and (3) recommend appointments to this Board. CONSEQUENCE OF NEGATIVE ACTION: The County will not be in compliance with the Public Resources Code and Titles 14 and 27 of the California Code of Regulations. CHILDREN'S IMPACT STATEMENT: Not Applicable CLERK'S ADDENDUM ADOPTED Resolution No. 2013/423 establishing the Contra Costa County Local Enforcement Agency Independent Hearing Panel ("Hearing Panel") and superseding a portion of Resolution No. 92/153, which established the Contra Costa County Local Enforcement Agency; and ADOPTED the Contra Costa County Local Enforcement Agency Independent Hearing Panel Policy and Procedures Manual; DIRECTED the Hearing Panel be comprised of (1) a public member (2) a member with technical expertise in the area of solid waste management and technology, and (3) one additional member as appointed by the Board; DIRECTED that the public member be a resident of Contra Costa County; and REFERRED this matter to the Board of Supervisor's Internal Operations Committee with directions to recruit and screen applicants for membership on Supervisor's Internal Operations Committee with directions to recruit and screen applicants for membership on the Hearing Panel and recommend appointments to this Board. ATTACHMENTS Resolution No. 2013/423 LEA Hearing Panel Manual Contra Costa County Local Enforcement Agency Independent Hearing Panel Policy and Procedures Manual Adopted: ___________________, 2013 i TABLE OF CONTENTS Section Page Number 1.Background 1 2.Hearing Panel 1 3.Types of Hearings 2 4.Pre-Hearing Procedures 4 5.Hearing Procedures 5 6.Appeals of Hearing Panel Decisions 6 1 1. BACKGROUND In 1992, the Contra Costa County Environmental Health Division of the Contra Costa County Health Services Department was designated by the Contra Costa County Board of Supervisors and certified as the Local Enforcement Agency (LEA) for Contra Costa County. The California Public Resources Code (PRC) requires an LEA to hold hearings (1) before taking certain actions, (2) in response to challenges to specified actions the LEA has taken, and (3) at the request of specified persons regarding particular actions taken by the LEA or the alleged failure of the LEA to act as required by law or regulation. Other hearings are required by the California Code of Regulations. Either a hearing officer or hearing panel must be appointed to conduct the hearings. The Board of Supervisors has established the Contra Costa County Local Enforcement Agency Independent Hearing Panel to perform this function under PRC section 44308, subdivision (a)(2). 2. HEARING PANEL A. Name.The name of the Hearing Panel is the Contra Costa County Local Enforcement Agency Independent Hearing Panel. B. Authority.The Hearing Panel has been established by action of the Board of Supervisors under PRC section 44308, subdivision (a)(2). C. Purpose.The purpose of the Hearing Panel is to conduct hearings as specified in PRC sections 44004 and 44300-44310 and applicable regulations. The Hearing Panel conducts hearings regarding certain proposed actions by the LEA and appeals from specified LEA actions, including enforcement actions and imposition of permit conditions. The Hearing Panel also hears petitions from persons alleging the LEA failed to act as required by law or regulation. Parties that appear before the Hearing Panel will include the LEA, permitees, applicants and individuals. The types of cases heard by the Hearing Panel are specified in Section 3. A summary of the legal provisions applicable to matters heard by the Hearing Panel is attached as Exhibit A. D. Meetings. Hearings conducted by the Hearing Panel are meetings subject to the Ralph M. Brown Act (“Brown Act”). 1 The Hearing Panel will conduct all of its meetings in accordance with the Brown Act. The Hearing Panel will determine the dates, times and location of regular meetings. E. Membership.The Hearing Panel will be composed of three members appointed by the Board of Supervisors, as follows: 1. One member may be a member of the Board. No more than one member of the Board may serve on the Hearing Panel at one time. 2. At least one member will be a technical expert with knowledge of solid waste management methods and technology. 3. At least one member will be a representative of the public at large. Members of the Hearing Panel will be selected for their legal, administrative, or technical abilities in areas relating to solid waste management. F. Appointment Terms; Term Limits. A Hearing Panel member serves for a term of four years. A member may serve more than one term, but no more than two consecutive terms.2 1 Gov. Code, § 54950 et seq. 2 Pub. Resources Code, 44308, subd. (b)(5). 2 G. Vacancies. If a Hearing Panel member does not complete the member’s term, the Board will appoint a replacement to serve out the remainder of the unexpired term. Hearing Panel vacancies will be filled in the same manner as are vacancies on boards, commissions and committees appointed by the Board of Supervisors in Contra Costa County.3 Terms set to expire within one calendar year of December 31 will also be identified on the Contra Costa County Local Appointments List.4 The information set forth in Government Code section 54972, subdivision (a), will be provided as to these terms, along with a statement that members of the Hearing Panel serve for a four-year fixed term as required by statute. H. Meeting Reimbursement. A Hearing Panel member will receive $50 for each day of attendance at a meeting of the Hearing Panel. A Hearing Panel member may waive the meeting reimbursement. I.Quorum; Actions.A quorum of the Hearing Panel must be present for the transaction of business. Two members of the Hearing Panel that are entitled to vote will constitute a quorum. All actions taken by the Hearing Panel shall be decided by a majority vote of the Hearing Panel. J. Chairperson. The Hearing Panel will select one of its members to serve as Chairperson for a one- year term. The Chairperson presides over all hearings. K. Staff for the Hearing Panel; Duties. Staffing for the Hearing Panel will be provided by the LEA. Duties include: Scheduling hearings and other meetings. Preparing, posting and sending meeting notices and agendas as required by the Brown Act. Taking, preparing and presenting minutes of all meetings to the Hearing Panel for approval. Recording and preserving recordings of all hearings and other meetings. Receiving and preserving for the record all documents filed and all physical evidence submitted that pertain to matters heard by the Hearing Panel. 3. TYPES OF HEARINGS The Hearing Panel will conduct hearings in specified cases as required by applicable provisions of state law and the California Code of Regulations, as follows: A. Hearings requested by the LEA. Unless an exception to the pre-action hearing requirement applies5, a hearing must be held before the LEA may take any of the following actions: 1. Deny issuance of a solid waste facilities permit. 6 2. Revoke a solid waste facilities permit. 7 3. Temporarily suspend a solid waste facilities permit. 8 B. Hearings requested by persons subject to LEA actions. Person(s) subject to specified actions taken by the LEA may request hearings regarding those actions. The actions include: 3 See Gov. Code, § 54974. 4 See Gov. Code, § 54972, subd. (a). 5 See Pub. Resources Code, §§ 44305, subd. (b); 44310, subd. (a)(3); 14 Cal. Code Regs., tit. 14, § 18307, subd. (a). 6 Pub. Resources Code, § 44300. 7 Pub. Resources Code, § 44306. 8 Pub. Resources Code, § 44305, subd. (a). 3 1. Immediate suspension of a solid waste facilities permit to prevent or mitigate an imminent and substantial threat to the public health and safety or to the environment.9 2. Issuance of a permit that the applicant contends imposes inappropriate conditions. 10 3. Enforcement actions taken pursuant to Public Resources Code section 45000 et seq., including corrective action orders, cease and desist orders and compliance orders.11 A person requesting a hearing under this subsection must submit the hearing request within 15 days after the date the person is notified, in writing, of the LEA’s intent to act in the manner specified. C. Hearings requested under the California Code of Regulations. Permitees and permit applicants may request hearings in response to certain LEA actions specified under Titles 14 and 27 of the California Code of Regulations. The actions include: 1. Issuance of a Notice of Intent to Suspend or Notice of Intent to Revoke a solid waste facilities permit.12 2. Determination that an application for a full, standardized or registration solid waste facilities permit is incomplete.13 3. Denial of a permit application. 14 Deadlines for requesting hearings under this subsection are set forth in Titles 14 and 27 of the California Code of Regulations. D. Hearings requested by persons alleging a failure of the LEA to act as required by law or regulation.15 A person who contends the LEA failed to act as required by law or regulation may request a hearing by filing a petition with the LEA. A person requesting a hearing under this subsection must submit the petition within 30 days after the person discovered or reasonably should have discovered the facts on which the alleged failure to act is based. E. Hearings requested by solid waste facility operators regarding a change in design or operation of the facility.16 An operator of a solid waste facility may request a hearing after the LEA makes a decision on the operator’s application for a permit revision in order to make a significant change in the design or operation of the facility. An operator requesting a hearing under this subsection must submit an appeal within 30 days after the LEA’s decision on the application. 4. PRE-HEARING PROCEDURES A. Initiation of Hearings. A hearing is initiated when the party requesting a hearing files both a written request for a hearing and statement of issues. If the LEA initiates the hearing, the request for hearing and statement of issues will be delivered to the Hearing Panel. If a party other than the LEA initiates the hearing, the request for hearing and statement of issues must be delivered to the 9 Pub. Resources Code, § 44305, subd. (b). 10 Pub. Resources Code, § 44307; Cal. Code Regs., tit. 27, § 21650, subd. (h). 11 Pub. Resources Code, § 44307. 12 Cal. Code Regs., tit. 14, § 18307, subd. (a). 13 Cal. Code Regs., tit. 27, § 21615; Cal. Code Regs., tit. 14, §§ 18104.4, 18105.4. 14 Cal. Code Regs., tit. 14, § 18209, subd. (b). 15 Pub. Resources Code, § 44307. 16 Pub. Resources Code, § 44004, subd. (e). 4 office of the LEA, which resides within the Contra Costa County Health Services Department, Environmental Health Division. B. Noticing 1. Public Notice of Hearings a. All Hearings. Hearing Panel staff will notice all hearings in accordance with the Brown Act, which requires the timely posting of an agenda for regular meetings and includes noticing requirements for special or emergency meetings.17 b. Hearings on the LEA’s Determination on a Solid Waste Facility Operator’s Application for a Revised Permit under PRC § 44004. The LEA will give public notice of the hearing before the Hearing Panel in the manner set forth in PRC section 44004, subdivision (h). 2. Notice to Hearing Requestor. Within 15 days after the date of receipt of a request for a hearing and statement of issues, the LEA will provide written notice of the date, time and place of the hearing to the requesting party. 18 C. Response to Statement of Issues 1. If a party other than the LEA requested a hearing, the LEA must file with the Hearing Panel a written response to the statement of issues, also known as a notice of defense. The LEA must file its response at least 15 days before the hearing and provide a copy of its response to the party requesting the hearing.19 If the LEA requested a hearing, the other party may file a written response to the LEA’s statement of issues with the Hearing Panel. If a response is filed, a copy must be provided to the LEA. 2. If, due to the time constraints of PRC section 44305, subdivision (b), which may require a hearing to be held within three business days of the date that a permit is suspended, it is not possible for the LEA to file or provide a copy of its response to the statement of issues not less than 15 days prior to a hearing, the LEA will file and provide its response to the statement of issues as soon as administratively practicable before the hearing. D. Time for Hearing 1. General. A hearing initiated by a party other than the LEA will be held no later than 30 days after the LEA’s receipt of a written request for the hearing, except as otherwise set forth below in Subsection 4.D.2.20 2. Exception. If a solid waste facility operator requests a hearing under PRC section 44305, subdivision (b), the hearing will be held within three business days after the date the permit was suspended, or the first day thereafter requested by the operator in compliance with notice requirements in the Brown Act.21 17 See Gov. Code, §§ 54954.2, 54956, 54956.5. 18 Pub. Resources Code, § 44310, subd. (a)(2). 19 Pub. Resources Code, § 44310, subd. (a)(4). 20 Pub. Resources Code, § 44310, subd. (b). 21 Pub. Resources Code, § 44305, subd. (b). 5 5. HEARING PROCEDURES A. Scope of Hearing. The issues to be addressed at the hearing and determined by the Hearing Panel will be based on the statute or regulation giving rise to the hearing, the issues identified in the Statement of Issues, and issues raised by the respondent. B. Burden of Proof. The party requesting the hearing has the burden of proof. The party with the burden of proof must establish its claim by a preponderance of the evidence. C. Conduct of the Hearing 1. General. Hearings will generally be informal.22 A full and fair hearing will be accorded to all parties. All hearings will be open and public. All hearings will be recorded. 2. Absence of Party at the Hearing. A hearing may proceed whether the party requesting the hearing or, in the case of hearings initiated by the LEA, the respondent, is present or not, provided all parties were notified of the date, time and location of the hearing. The Hearing Panel in its discretion may continue a hearing to a later date to accommodate an absent party based on good cause if the continued hearing date would be consistent with applicable laws and regulations. 3. Informal Hearings b.Evidence; Objections. Hearings need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Failure to enter timely a objection to evidence constitutes a waiver of the objection. The Chairperson may exclude irrelevant or redundant evidence. All exhibits that are presented at a hearing, including documentary materials such as photographs, drawings, maps, charts, letters, petitions, and other physical evidence, will be retained by the Hearing Panel as part of the record of the hearing. c.Orderly Conduct of Hearings. The Chairperson may make such rulings as are necessary for the orderly conduct of the hearing. d.Order of Presentation. Informal hearings will generally be conducted by the Chairperson as follows, unless the Chairperson directs otherwise: (1)Call to order. (2)Roll call. (3)Hearing opened. (4)Acknowledgment of receipt of documents submitted prior to the hearing. (5)Presentation by hearing requester (may include opening statement, presentation of evidence (testimony and/or documents) and argument, at requester’s option). (6)Presentation by respondent (may include opening statement, presentation of evidence (testimony and/or documents) and argument, at respondent’s option). (7)Public testimony. (8)Rebuttal presentation by hearing requester (presentation of further evidence or argument). (9)Questions by Hearing Panel. (10) Hearing closed. (11) Hearing Panel deliberation and decision. 22 Hearings will be conducted in accordance with Government Code sections 11445.10-11445.60. 6 4. Formal Hearings. If informal hearing procedures are not suitable for a particular case, at the direction of the Chairperson, the Hearing Panel may conduct a formal hearing. After the Chairperson opens the hearing and acknowledges receipt of documents submitted prior to the hearing, the Hearing Panel may use the following procedures to receive evidence and public testimony and hear statements and arguments by the parties: a.Opening Statements. The hearing requester may give an opening statement, followed by the respondent. b.Presentation of Evidence. Each party presents evidence in the form of testimony and/or documents. The hearing requester presents its evidence first; after the hearing requester has completed its presentation of evidence, the respondent presents its evidence. Each witness must swear or affirm to the Hearing Panel to tell the truth. Testimony is elicited in a process called direct examination, involving questions to and answers from a witness. Following direct examination of a witness, the opposing party may question the witness regarding statements or answers given during direct examination. This process is known as cross-examination. With the permission of the Chairperson, the parties may ask additional questions after cross-examination. This is known as redirect examination and re-cross examination. c.Questions by Hearing Panel. After the parties have completed their examination of a witness, Hearing Panel members may ask questions of the witness. d.Rebuttal. After the respondent has completed its presentation of evidence, the hearing requestor may wish to present additional evidence. This process is known as rebuttal. e.Public Testimony. In accordance with the Brown Act, members of the public will have an opportunity to comment after the presentation of evidence has concluded. f.Closing Arguments. After the presentation of evidence has concluded and any public comment, the parties may present closing arguments. The hearing requester will be permitted to give a closing argument first, followed by the respondent. D.Deliberations, Findings and Decisions. All decisions of the Hearing Panel will be made by a vote of the majority of the Hearing Panel members following a motion by one of the members. The Hearing Panel may deliberate before reaching a decision. All deliberations of the Hearing Panel will take place in public. In making its decision, the Hearing Panel may act only upon the basis of evidence entered into the record. The Hearing Panel may not act based upon information presented outside the hearing or obtained through personal investigation. The decision of the Hearing Panel will be in writing and contain findings of fact, a determination of the issues presented, the votes of the Hearing Panel members, the date of issuance, and penalty amounts, if any. A copy of the decision will be sent to all parties. In general, the Hearing Panel will issue its decision within five days from the conclusion of the hearing.23 However, with regard to hearings regarding immediate permit suspensions under PRC section 44305, subdivision (b), the Hearing Panel is required to render its decision on the day the hearing concludes. Under PRC section 45017, unless an exception applies, Hearing Panel decisions become effective immediately upon service. 23 Pub. Resources Code, § 44310, subd. (c). 7 6. APPEALS OF HEARING PANEL DECISIONS A. Right to Appeal. 24 Any party to a hearing held pursuant to PRC sections 44300-44310 may appeal to the California Department of Resources Recycling and Recovery (“CalRecycle”) to: 1. Review the written decision of the Hearing Panel. 2. Review the petitioner’s request for a hearing if the Hearing Panel failed to render a decision or consider the request for review. 3. Review a determination by the governing body of the LEA not to direct the Hearing Panel to hold a public hearing. B. Time for Appeal 1. General rule. An appeal must be filed within 10 days from the date of issuance of a written decision by the Hearing Panel.25 2. Exception. If the Hearing Panel did not issue a decision, an appeal must be filed within 45 days after the date a request for hearing was received by the LEA for which there was a failure of the Hearing Panel to render a decision or consider a petitioner’s request pursuant to PRC section 44310.26 24 Pub. Resources Code, § 45030. 25 Pub. Resources Code, § 45030, subd. (a)(1). 26 Pub. Resources Code, § 45030, subd. (a)(2). Exhibit A SUMMARY OF LEGAL PROVISIONS APPLICABLE TO MATTERS HEARD BY THE CONTRA COSTA COUNTY LEA INDEPENDENT HEARING PANEL A. Permit Denials 1. General.1 After holding a hearing before the Hearing Panel, the LEA may deny a solid waste facilities permit for any of the following reasons: a. The application is incomplete or otherwise inadequate. b. The applicant has not complied with the California Environmental Quality Act. c.The applicant has failed to demonstrate that the proposed facility will meet minimum regulatory standards for operating a solid waste facility. d. The application contains significant false or misleading information or significant misrepresentations. e. The LEA determines that the applicant has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of PRC Division 30 (the California Integrated Waste Management Act of 1989), regulations adopted pursuant thereto (CCR Titles 14 and 27), or the terms and conditions of the permit, and the violation meets both of the following criteria: (1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment. (2) The violation has not been corrected or reasonable progress toward correction has not been achieved. 2. Completeness Appeal 2. If the LEA determines that an application for a full, standardized or registration permit is incomplete, the permit applicant may appeal that determination to the LEA. A final determination on the appeal is made by the Hearing Panel. 3.Appeal from Permit Denial.3 If the LEA denies a permit, the applicant may request a hearing before the Hearing Panel. C. Permit Revocations 4 1. General. After holding a hearing before the Hearing Panel, the LEA may revoke a permit if the LEA determines any of the following: a. The permit was obtained by a material misrepresentation or failure to disclose relevant factual information. b. The operator has, during the previous three years, been convicted of, or been issued a final order for, one or more violations of PRC Division 30, regulations adopted pursuant thereto, or the terms and conditions of the permit, and the violation meets both of the following criteria: 1 Pub. Resources Code, § 44300. 2 Cal. Code Regs., tit. 14, §§ 18104.4, 18105.4; tit. 27, § 21615. 3 Cal. Code Regs., tit. 14, § 18209, subd. (b). 4 Pub. Resources Code, § 44306. (1) The violation demonstrates a chronic recurring pattern of noncompliance that has posed, or may pose, a significant risk to public health and safety or to the environment. (2) The violation has not been corrected or reasonable progress toward correction has not been achieved. c.The operator has failed to pay in full any monetary penalty imposed pursuant to PRC section 45000 et seq. within 90 days from the date when the penalty is required to be paid and after expiration of the time period during which the permitholder may appeal the ruling, or after the denial of the permitholder's timely appeal, up to, and including, an appeal to the superior court. 2. Exception. In the event that a solid waste facility operator is issued a Notice of Intent to Revoke and does not request a hearing within 15 days, the LEA may take action to revoke the permit without a hearing.5 B. Permit Suspensions. 6 The LEA may suspend a solid waste facilities permit if the LEA makes specified findings, as follows: 1. Temporary Suspensions a.General. If the LEA determines that changed conditions at the facility necessitate a permit revision or modification to eliminate a significant threat to public health and safety or to the environment, the LEA may temporarily suspend a solid waste facilities permit after holding a hearing before the Hearing Panel.7 b.Exception: In the event that a solid waste facility operator is issued a Notice of Intent to Suspend and does not request a hearing within 15 days, the LEA may take action to suspend the permit without a hearing.8 2. Immediate Suspensions. If the LEA determines that changed conditions at the facility necessitate a permit revision or modification to prevent or mitigate an imminent and substantial threat to the public health and safety or to the environment, the LEA may suspend a solid waste facilities permit prior to holding a hearing before the Hearing Panel. However, if a person aggrieved by such a suspension appeals the action to the Hearing Panel, a post-suspension hearing must be held. 9 C. Permit Revisions. 10 The operator of a solid waste facility must file an application for revision of the facility’s permit if the operator wishes to change the design or operation of the facility in a manner that is not authorized by the existing permit. Based its review of the application, the LEA may: 1. Allow the change without a permit revision. 2. Allow specified changes without a permit revision through a permit modification allowed pursuant to regulations. 3. Disallow the change because it does not conform to applicable statutes and regulations. 4. Require a permit revision to allow the change. 5 Pub. Resources Code, § 44310, subd. (a)(3); Cal. Code Regs., tit. 14, § 18307, subd. (a). 6 Pub. Resources Code, § 44305. 7 Pub. Resources Code, § 44305, subd. (a). 8 Pub. Resources Code, § 44310, subd. (a)(3); Cal. Code Regs., tit. 14, § 18307, subd. (a). 9 Pub. Resources Code, § 44305, subd. (b). 10 Pub. Resources Code, § 44004. 5. Require CEQA review before a decision is made. The operator may appeal the LEA’s decision to the Hearing Panel. E. Permit Conditions 11 If a permit applicant contends that a permit issued by the LEA imposes conditions that are inappropriate, the LEA shall hold a hearing before the Hearing Panel upon request of the person subject to the action. F. Enforcement Actions 12 After the LEA takes an enforcement action under Public Resources Code section 45000 et seq., the LEA shall hold a hearing before the Hearing Panel upon request of the person subject to the action. G. Alleged Failure to Act 13 Upon a petition from any person requesting the LEA to review an alleged failure of the LEA to act as required by law or regulation, the LEA shall hold a hearing before the Hearing Panel. H:\Final\Health Services\EnvHlth\LEAHearingPanelManual.FINAL.10.23.13.doc 11 Pub. Resources Code, § 44307. 12 Pub. Resources Code, § 44307. 13 Pub. Resources Code, § 44307.