§ 15200. Inspection and Enforcement.

(a) The CUPA shall develop a written plan to implement an inspection and enforcement program. The plan shall be developed and implemented in cooperation with all PAs of the jurisdiction. The plan shall include:

(1) Provisions for administering all program elements.

(2) The following types of inspections shall be conducted according to the standards contained in statute and regulation:

(A) Hazardous waste generator inspections [refer to Health & Saf. Code, §§ 25150, 25159; Cal. Code Regs., tit. 22, div. 4.5, ch. 12];

(B) Inspection of onsite hazardous waste treatment activities under the CE, CA, and PBR tiers of Tiered Permitting [refer to Health & Saf. Code, §§ 25200.3, 25201.5; Cal. Code Regs., tit. 22, div. 4.5, ch. 45];

(C) UST Program inspections [refer to Health & Saf. Code, § 25288; Cal. Code Regs., tit. 23, div. 3, ch. 16, § 2712 et seq.];

(D) HMRRP Program inspections [refer to Health & Saf. Code, § 25500 et seq.];

(E) CalARP Program inspections [refer to Health & Saf. Code, § 25533 et seq.]; and

(F) AST Program inspections [refer to Health & Saf. Code, § 25270.5 et seq.]; and

(G) Other inspections that may be consolidated pursuant to Health and Safety Code section 25404.2(a)(4).

(3) A schedule of the inspection frequencies to be conducted that shall, at a minimum, meet the inspection frequencies mandated in statutes, as shown in figure 1.

(A) If there is no mandated inspection frequency, inspection frequency scheduling shall consider the following: local zoning requirements, population density, local ground water conditions, identified hazards of a type of business, quantity and types of hazardous materials, emergency response capability, compliance history, and any other pertinent local issues.

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(4) Coordination of inspection efforts between the CUPA and its PAs.

(5) Enforcement notification procedures that ensure:

(A) Appropriate confidentiality; and

(B) Coordination and timely notification of appropriate prosecuting agency(ies).

(6) Identification of all available enforcement options.

(7) Uniform and coordinated application of enforcement standards.

(8) Identification of penalties and enforcement actions that are consistent and predictable for similar violations and no less stringent than state statute and regulations.

(9) A graduated series of enforcement actions that may be taken by the UPAs, based on the severity of the violation.

(10) Provisions for multi-media enforcement.

(11) A description of how the CUPA minimizes or eliminates duplication, inconsistencies, and lack of coordination within the inspection and enforcement program.

(12) Provisions for coordinating enforcement efforts between the CUPA and its PAs.

(13) Provisions for addressing complaints, including but not limited to the receipt, investigation, enforcement, and closure of a complaint.

(b) The Inspection and Enforcement Program Plan shall at a minimum be reviewed annually by the CU PA.

(1) The CUPA shall consult with and reach consensus with the PA prior to any changes that affect program elements for which the PA is responsible.

(2) The CUPA shall update the plan as necessary.

(c) The CUPA shall participate in a multi-media enforcement approach to the unified inspection and enforcement program in order to promote the effective detection, abatement and deterrence of violations affecting more than one environmental medium or regulatory scheme.

(d) In addition to the mandatory elements of Health and Safety Code division 20, chapter 6.5, the CUPA may integrate optional waste reduction and pollution prevention programs into the unified inspection and enforcement program.

(e) CUPAs are responsible for initiating enforcement actions when appropriate, but may also refer enforcement cases to the appropriate state or federal agency for their consideration.

(f) These regulations shall not limit the authority of any state agency to investigate alleged violations of state law. These regulations shall not limit appropriate state agencies from taking any other actions that are mandated, allowed, or authorized pursuant to state law.

HISTORY

1. New section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.

4. New section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.

5. Certificate of compliance as to 11-14-94 order including amendment of subsection (b), repealer of subsection (b)(2)(A), amendment of subsection (b)(4), Figure 4 and subsections (f), (f)(1)(C), (f)(1)(F), new subsection (f)(1)(G), amendment of subsection (f)(2)(A)(i), redesignation of subsections (f)92)(A)(iii)-(iv) to subsections (f)(2)(B)-(C) and subsection relettering, amendment of newly designated subsections (f)(2)(B)-(F), (f)(3), (f)(3)(A), redesignation of (f)(4) as (f)(3)(B) and subsection relettering, and amendment of Note transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).

6. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).

7. Change without regulatory effect amending subsections (a), (a)(2)(D), (a)(4), (a)(12) and (b)(1) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).

8. Amendment of subsections (a) and (a)(2)(E), new subsection (a)(2)(F), subsection relettering, amendment of subsections (a)(3)(A)-(a)(4) and (a)(12) and new subsection (a)(13) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).

Note

Note: Authority cited: Sections 25404, 25404.2 and 25404.6(c), Health and Safety Code; and Section 6254(f), Government Code. Reference: Sections 25404(c) and (d), 25404.2, 25404.2(a) and (c), 25404.4(b)(3), 25150, 25159, 25179.4, 25200.3, 25201.5, 25288, 25500 and 25533, Health and Safety Code; and Section 6254(f), Government Code.