Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Louise Rogers, Chief, Health System
Heather Forshey, Director, Environmental Health Services
Subject: Appointment of a Hearing Officer for the Solid Waste Program
RECOMMENDATION:
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Adopt a resolution authorizing the California State Office of Administrative Hearings, or its designee, to act as hearing officers and adopt hearing officer appointment procedures and qualifications for the Solid Waste Management Program.
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BACKGROUND:
The Solid Waste Enforcement Program in Environmental Health Services (EHS) has been delegated authority by the California Department of Resources, Recovery and Recycling (CalRecycle) to act as the Local Enforcement Agency (LEA) for solid waste regulations throughout the County of San Mateo.
The LEA regulates and inspects all permitted solid waste facilities, including closed landfills in its jurisdiction. The routine inspections conducted by the LEA ensure that the solid waste facilities are in compliance with the state minimum standards for each type of facility (e.g. transfer station, composting facility, or landfill). In addition, the LEA ensures that each facility conforms to the terms and conditions of its approved solid waste facility permit.
The LEA enforces the California Code of Regulations Title 14, Natural Resources Division and Title 27, Environmental Protection Division 2 to return a facility to compliance when violations are noted on inspection reports.
The resulting enforcement actions, including any decision made by the LEA, may be subject to an appeals process outlined in the California Public Resource Code Section 44307. Under the delegation, failure to institute the appeals process in a timely fashion may result in CalRecycle decertifying the LEA.
In the unlikely event that this should occur, CalRecycle would assume the role of the LEA in the County's jurisdiction.
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