2007 California Public Resources Code Article 5. Enforcement

CA Codes (prc:41850-41851)

41850.  (a) Except as specifically provided in Section 41813, if,
after holding the public hearing and issuing an order of compliance
pursuant to Section 41825, the board finds that the city, county, or
regional agency has failed to make a good faith effort to implement
its source reduction and recycling element or its household hazardous
waste element, the board may impose administrative civil penalties
upon the city or county or, pursuant to Section 40974, upon the city
or county as a member of a regional agency, of up to ten thousand
dollars (,000) per day until the city, county, or regional agency
implements the element.
   (b) In determining whether or not to impose any penalties, or in
determining the amount of any penalties imposed under this section,
including any penalties imposed due to the exclusion of solid waste
pursuant to Section 41781.2 that results in a reduction in the
quantity of solid waste diverted by a city, county, or regional
agency, the board shall consider whether the jurisdiction has made a
good faith effort to implement its source reduction and recycling
element or its household hazardous waste element.  In addition, the
board shall consider only those relevant circumstances that have
prevented a city, county, or regional agency from meeting the
requirements of this division, including the diversion requirements
of paragraphs (1) and (2) of subdivision (a) of Section 41780,
including, but not limited to, all of the following:
   (1) Natural disasters.
   (2) Budgetary conditions within a city, county, or regional agency
that could not be remedied by the imposition or adjustment of solid
waste fees.
   (3) Work stoppages that directly prevent a city, county, or
regional agency from implementing its source reduction and recycling
element or household hazardous waste element.
   (4) The impact of the failure of federal, state, and other local
agencies located within the jurisdiction to implement source
reduction and recycling programs in the jurisdiction on the host
jurisdiction's ability to meet the requirements of paragraph (2) of
subdivision (a) of Section 41780.
   (c) In addition to the factors specified in subdivision (b), the
board shall consider all of the following:
   (1) The extent to which a city, county, or regional agency has
implemented additional source reduction, recycling, and composting
activities to comply with the diversion requirements of paragraphs
(1) and (2) of subdivision (a) of Section 41780.
   (2) The extent to which a city, county, or regional agency is
meeting the diversion requirements of paragraphs (1) and (2) of
subdivision (a) of Section 41780.
   (3) Whether the jurisdiction has requested and been granted an
extension to the requirements of Section 41780, pursuant to Section
41820, or an alternative requirement to Section 41780, pursuant to
Section 41785.
   (4) Whether a local jurisdiction has provided information to the
board concerning whether construction and demolition waste material
is at least a moderately significant portion of the waste stream,
and, if so, whether the local jurisdiction has adopted an ordinance
for diversion of construction and demolition waste materials from
solid waste disposal facilities, has adopted a model ordinance
pursuant to subdivision (a) of Section 42912 for diversion of
construction and demolition waste materials from solid waste disposal
facilities, or has implemented another program to encourage or
require diversion of construction and demolition waste materials from
solid waste disposal facilities.
   (d) (1) For the purposes of this section, "good faith effort"
means all reasonable and feasible efforts by a city, county, or
regional agency to implement those programs or activities identified
in its source reduction and recycling element or household hazardous
waste element, or alternative programs or activities that achieve the
same or similar results.
   (2) For purposes of this section "good faith effort" may also
include the evaluation by a city, county, or regional agency of
improved technology for the handling and management of solid waste
that would reduce costs, improve efficiency in the collection,
processing, or marketing of recyclable materials or yard waste, and
enhance the ability of the city, county, or regional agency to meet
the diversion requirements of paragraphs (1) and (2) of subdivision
(a) of Section 41780, provided that the city, county, or regional
agency has submitted a compliance schedule pursuant to Section 41825,
and has made all other reasonable and feasible efforts to implement
the programs identified in its source reduction and recycling element
or household hazardous waste element.
   (3) In determining whether a jurisdiction has made a good faith
effort, the board shall consider the enforcement criteria included in
its enforcement policy, as adopted on April 25, 1995, or as
subsequently amended.


41850.5.  Any administrative civil penalty imposed by the board
pursuant to Section 41813 or 48150 shall be deposited in the Local
Government Assistance Account, which is hereby created in the
Integrated Waste Management Fund.  Any funds deposited in that
account shall be used solely for the purposes of assisting local
governments in complying with the diversion requirements established
under Section 41780, and shall not be used by the board for
administrative purposes.


41851.  Nothing in this chapter shall infringe on the existing
authority of counties and cities to control land use or to make land
use decisions, and nothing in this chapter provides or transfers new
authority over that land use to the board.