If operators are not in compliance by the October 2009 deadline, would the Inventory process be an appropriate approach to address noncompliance?
Yes. Many LEA’s utilize the Inventory Process prior to initiating an enforcement action as outlined in their EPP. The Inventory process would be an appropriate way to address noncompliance with the regulations. Pursuant to California Code of Regulations, Title 14, Sections 18360 through 18368 (Inventory) a facility must be found to be out of compliance for two consecutive months before receiving a notice of intent (NOI) that they could be included on the Inventory of Solid Waste Facilities Which Violate State Minimum Standards (Inventory). The NOI indicates that the facility has 90 days to come into compliance. If after 90 days the LEA notes that the site remains noncompliant, it will be included on the Inventory. The LEA then has 15 days to issue a compliance schedule to the operator which is designed to bring the facility into compliance within one year. However, this does not preclude the EA from pursuing any other enforcement actions as described in their EPP.
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