Title
Adopt a Resolution:
Authorizing the use of a Hearing Officer for the Local Enforcement Agency (LEA); and Establishing Hearing Officer Procedures and Hearing Officer Qualifications for the Local Enforcement Agency (LEA).
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution:
Authorizing the use of a Hearing Officer for the Local Enforcement Agency (LEA); and Establishing Hearing Officer Procedures and Qualifications for the Local Enforcement Agency (LEA).
SUMMARY/DISCUSSION:
State of California, Department of Resources Recycling and Recovery (CalRecycle), formerly known as California Integrated Waste Management Board (CIWMB), as the Local Enforcement Agency (LEA) for Monterey County and the twelve incorporated cities within the County.
Pursuant to Title 14 CCCR Section 18060, the LEA is required to provide a means to hear petitions or appeals and grievances submitted by owners, operators or other aggrieved parties. The LEA is responsible for the permitting, inspection and enforcement of statues and regulations applicable to solid waste handling and disposal sites in the County and the twelve incorporated Cities within the County. California Department of Resources Recycling and Recovery (CalRecycle) requires that a hearing body be appointed to determine the outcome of petitions or appeals, as set forth in California Public Resources Code (PRC) Sections 44307 et seq.
This hearing body can either be a three-member hearing panel or it may consist of a Hearing Officer/Administrative Law Judge. In May 2004, the Board of Supervisors adopted a resolution appointing a three-member hearing panel. A hearing panel has been appointed every four years since 2004; the current hearing panel terms expire on November 30, 2018. It is anticipated that a Hearing Panel will rarely be needed given the infrequent nature of requests for hearings. Since 2004, the Hearing Panel has heard only two cases, meeting for a total of three...
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