Corrective Action Orders

Cal. PRC § 45000

California Statutes

(

a) Except as provided in subdivision (b), the enforcement agency or the board may issue an administrative order requiring the owner or operator of a solid waste facility or disposal site or a person in violation of

Section 44000.5, to take corrective action as necessary to abate a nuisance, or to protect human health and safety or the environment. If both the board and the enforcement agency issue an administrative order regarding the same facility, disposal site, or person, the order issued by the board shall prevail if there is a conflict between the orders. (

b) An administrative order shall not be issued for a 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 or disposal site or a person in violation of

Section 44000.5 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) A contract for corrective action entered into by the board is exempt from approval by the Department of General Services pursuant to

Section of the Public Contract Code. (

f) A corrective action shall incorporate by reference 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 of, and

Article 3 (commencing with

Section 13240) of

Chapter of Division of, the Water Code, and state policies for water quality control adopted pursuant to

Article 3 (commencing with

Section 13140) of

Chapter of Division of the Water Code, existing at the time of the corrective action or proposed corrective action.

Document details

CollectionCalifornia Statutes
CitationCal. PRC § 45000
Date2009-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPRC45000.200850017

Corrective Action Orders

Cal. PRC § 45000

California Statutes

Corrective Action Orders

Cal. PRC § 45000

California Statutes

(

a) Except as provided in subdivision (b), the enforcement agency or the board may issue an administrative order requiring the owner or operator of a solid waste facility or disposal site or a person in violation of

Section 44000.5, to take corrective action as necessary to abate a nuisance, or to protect human health and safety or the environment. If both the board and the enforcement agency issue an administrative order regarding the same facility, disposal site, or person, the order issued by the board shall prevail if there is a conflict between the orders. (

b) An administrative order shall not be issued for a 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 or disposal site or a person in violation of

Section 44000.5 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) A contract for corrective action entered into by the board is exempt from approval by the Department of General Services pursuant to

Section of the Public Contract Code. (

f) A corrective action shall incorporate by reference 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 of, and

Article 3 (commencing with

Section 13240) of

Chapter of Division of, the Water Code, and state policies for water quality control adopted pursuant to

Article 3 (commencing with

Section 13140) of

Chapter of Division of the Water Code, existing at the time of the corrective action or proposed corrective action.

Document details

CollectionCalifornia Statutes
CitationCal. PRC § 45000
Date2009-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPRC45000.200850017