2005 California Public Resources Code Sections 45000-45002 Article 1. Corrective Action Orders

PUBLIC RESOURCES CODE
SECTION 45000-45002

45000.  (a) Except as provided in subdivision (b), the enforcement
agency may issue an administrative order requiring the owner or
operator of a solid waste facility to take corrective action as
necessary to abate a nuisance, or to protect human health and safety
or the environment.
   (b) An administrative order shall not be issued for any minor
violation that is corrected immediately in the presence of the
inspector.  Immediate compliance in that manner shall be noted in the
inspection report.
   (c) The enforcement agency or the board may contract for
corrective action after an order issued pursuant to subdivision (a)
becomes final and the owner or operator fails to comply with the
order by the date specified in the order.
   (d) If an enforcement agency or the board expends any funds
pursuant to subdivision (b), the owner or operator of the solid waste
facility shall reimburse the enforcement agency or the board for the
amount expended, including, but not limited to, a reasonable amount
for contract administration, and an amount equal to the interest that
would have been earned on the expended funds.  The amount expended
shall be recoverable in a civil action by the Attorney General, upon
request of the local enforcement agency or the board.
   (e) Any contract for corrective action entered into by the board
is exempt from approval by the Department of General Services
pursuant to Section 10295 of the Public Contract Code.
   (f) Any corrective action shall incorporate by reference any
applicable waste discharge requirements issued by the state water
board or a regional water board, and shall be consistent with all
applicable water quality control plans adopted pursuant to Section
13170 of, and Article 3 (commencing with Section 13240) of Chapter 4
of Division 7 of, the Water Code, and state policies for water
quality control adopted pursuant to Article 3 (commencing with
Section 13140) of Chapter 3 of Division 7 of the Water Code, existing
at the time of the corrective action or proposed corrective action.
45001.  Nothing in this division affects the authority of the state
water board or a regional water board to issue enforcement orders or
take corrective actions with regard to solid waste facilities.
45002.  An order issued pursuant to this part or Part 4 (commencing
with Section 43000) shall provide the person subject to that order
with a notice of that person's right to appeal pursuant to Part 4
(commencing with Section 43000) and Part 6 (commencing with Section
45030).


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