A. An enforcement agency, in issuing or reviewing any solid-waste facilities permit or in connection with any action relating thereto or with any authorized enforcement activity, may investigate the operation by any person of a transfer/processing station, or disposal site, collection or handling equipment, or storage area for solid wastes within its jurisdiction.
B. In such an investigation, the enforcement agency or the board may require that any person who is or proposes to become an operator of a transfer/processing station, disposal site, collection or handling equipment, or storage area for solid wastes within its jurisdiction, shall furnish, under penalty of perjury, such technical or monitoring program reports or other reports as the enforcement agency may specify.
C. In such an investigation, the enforcement agency may inspect the facility, equipment or vehicle used for storage, collection, transportation, processing or disposal of solid waste, as necessary to ensure compliance with the law and that solid-waste facilities or waste collector permits are being complied with. Such inspection shall be made with the consent of the owner or possessor of such facilities or, if such consent is refused, with a warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure; provided, however, that in the event of an emergency affecting the public health or safety such inspection may be made without consent or the issuance of a warrant. (Ord. 11886 Art. 9 § 901, 1979.)

A. The enforcement agency shall conduct investigations of allegations made to it as required by Section 20.80.010, and shall conduct investigations of all other facilities where it has reason to believe violations exist. In addition, the enforcement agency shall conduct such periodic investigations as it deems necessary to ensure compliance with all enactments.
B. The enforcement agency shall maintain a record of each investigation. The record shall include but not be limited to the following:
1. The names of all persons interviewed and the date and location of each interview;
2. A description of all documentary and other physical evidence examined;
3. The dates, times and locations of all inspections of the facility;
4. A list of correspondence, including any written reports by the permittee;
5. Any other evidence tending to resolve the issues.
C. If the investigation does not result in any enforcement action, the enforcement agency shall submit an investigation report to the board. The report shall contain the enforcement agency’s findings on each allegation if the investigations were commenced pursuant to a report of violations. The investigation report shall be accompanied by the investigation record prepared pursuant to subsection B of this section, and any findings in the report shall refer to their evidentiary basis in the record. (Ord. 11886 Art. 9 § 902, 1979.)

Upon the request of any person furnishing any report, notice, application or other document required by the enforcement agency, the agency shall not make available for inspection by the public those portions of such report, notice, application or other document which contain trade secrets as defined in subdivision (3) of Section 499 of the Penal Code; provided, however, that such portions of a report, notice, application, or other document shall be made available to government agencies for the use in making reports and to the state, any state agency, or the enforcement agency in judicial review for enforcement proceedings involving the person furnishing the report. Nothing in this section shall prohibit the disclosure of information pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. (Ord. 11886 Art. 9 § 903, 1979.)

A. Any person having information tending to prove that a facility or business is being operated without a required permit, in violation of one or more terms or conditions of a permit, in violation of the standards, or in violation of any related enactment, that a permit was obtained wholly or partially by misrepresentation or nondisclosure of relevant facts, or that modification of a permit is required to bring a facility into compliance with an enactment, may report such information in writing to the enforcement agency. The report shall include the following:
1. The name, address and telephone number of the person making the report; provided, however, that nothing in this chapter shall be construed to prevent the making of anonymous reports by omitting the identity of the reporting party from the report;
2. The identity and location, if known, of the facility and the names and addresses, if known, of the persons responsible for the violation;
3. The nature of the violation; and
4. All known facts relevant to the violation or likely to be of assistance to the enforcement agency in investigating the report, including but not limited to information relating to witnesses and physical evidence.
B. The person making the report may forward a copy to the board. Unless the report unambiguously indicates that a copy has been provided the board, the enforcement agency shall, within 15 days of its receipt, forward a copy to the board.
C. Upon receipt of a report, the enforcement agency shall within 15 days examine the report and determine whether its allegations, if true, would constitute grounds for an enforcement action. Should the enforcement agency determine that the report fails to allege facts constituting grounds for an enforcement action, it shall so advise the reporting party in writing at the address given in the report if an address is given; in any event, the enforcement agency shall advise the board in writing of such a determination within five business days.
D. The enforcement agency may decline to investigate a report alleging facts that would constitute grounds for an enforcement action if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the enforcement agency. Should the enforcement agency decline to investigate on that ground, it shall so advise the reporting party in writing at the address given in the report if an address is given; in any event, the enforcement agency shall advise the board in writing of such a determination within five business days.
E. Except as provided in subsection C or subsection D of this section, the enforcement agency shall commence an investigation of the facts alleged in the report. (Ord. 11886 Art. 9 § 904, 1979.)

Whenever an enforcement agency finds that any person is operating a solid-waste facility or proposes to operate such a facility which causes or threatens to cause a condition of hazard, pollution or nuisance, constituting an emergency requiring immediate action to protect the public health, welfare or safety, the enforcement agency may issue a cease and desist or cleanup order under this section. (Ord. 11886 Art. 9 § 905, 1979.)

A. Any person who is operating or proposes to operate a transfer/processing station or disposal site, or both, in violation of the solid-waste facilities permit, or who is operating or proposes to operate any such facility without a solid-waste facilities permit, or who owns a disposal site and causes or permits the operator of such disposal site to violate a solid-waste facilities permit or to operate such disposal site without a solid-waste facilities permit, shall, upon order of the enforcement agency, cease and desist any improper action, clean up any solid waste, abate the effects thereof, or take any other necessary remedial action.
B. If any of the circumstances set forth in subsection A pose an imminent threat to life or health, the enforcement agency may expend any available moneys to perform any cleanup and abatement or remedial work required.
C. If the circumstances set forth in subsection A do not pose an imminent threat to life or health but the enforcement agency deems it necessary for the public health to perform cleanup and abatement work or remedial work, the enforcement agency shall petition the hearing panel provided for in Section 20.84.010 for authorization to perform such work. Upon receiving such a petition, the hearing panel may do either of the following:
1. Summarily deny the petition, if it fails to allege sufficient facts to establish that such work is necessary to protect the public health;
2. Hold a hearing on the matter and thereafter deny, grant, or grant in part the petition.
D. If the hearing panel grants a petition submitted under subsection C, the hearing panel shall, in a written decision, specify the nature of actions that the enforcement agency may take and the maximum amount of moneys to be expended for such actions.
E. Any action taken pursuant to subsections B, C or D of this section may be taken in default of, or in addition to, remedial work by the operator or other persons, and regardless of whether injunctive relief is being sought.
F. If such solid waste is cleaned up, the effects thereof abated, or other necessary remedial action is taken by the enforcement agency, the person or persons who committed such action, within the meaning of subsection A, shall be liable to the enforcement agency to the extent of the reasonable costs actually incurred in cleaning up such operation, abating the effects thereof, or taking other remedial action. (Ord. 11886 Art. 9 § 906, 1979.)

A. If in the course of an investigation, or at any other time, the enforcement agency determines that any person is operating or proposes to operate a facility in violation of a solid-waste facilities permit, is operating or proposes to operate any such facility without a solid-waste facilities permit, owns a disposal site and causes or permits the operator of such disposal site to violate a solid-waste facilities permit or to operate such disposal site without a solid-waste facilities permit, is intentionally or negligently violating any standard for the storage or removal of solid waste, or is causing or threatens to cause a condition of hazard, pollution or nuisance constituting an emergency requiring immediate action to protect the public health, welfare or safety, the enforcement agency shall issue a notice and order, as it deems appropriate.
B. The notice and order shall contain the following information:
1. The identity of the enforcement agency;
2. The name or names of each person to whom it is directed;
3. A description of the site of the violation or other condition adequately specific to identify its location;
4. A description of the violation;
5. The statutes, regulations or permit clauses the enforcement agency has determined are being violated;
6. The date of issuance and signature of an authorized officer or employee of the enforcement agency;
7. The date for achieving compliance with statutes, regulations or permit clauses.
C. The notice and order shall be accompanied by a declaration or affidavit of an employee or officer of the enforcement agency stating that the allegations contained in the notice and order are based either on personal knowledge or information and belief. lf the basis of the allegations is the personal knowledge of the declarant or affiant, the declaration or affidavit shall state generally how such knowledge was obtained, including the date of any inspection. If the basis of the allegations is information and belief, the declaration or affidavit shall state generally the source of the information; however, in no case shall the identity of an informant be required to be revealed.
D. Within five business days of issuance of the notice and order, it shall be served on the owner and operator as follows:
1. If the site or facility has been issued a permit, or if an application for the site or facility is pending, by first class mail to the address last given by the owner and operator;
2. If no permit has been issued and no application is pending, by posting a copy at no less than one conspicuous place at the site or facility. Additional copies may be mailed to addresses of the owner or operator if known to the enforcement agency.
E. A copy of any notice and order shall be sent to the board within five business days of issuance. (Ord. 11886 Art. 9 § 907, 1979.)

On or after the date specified in the notice and order pursuant to Section 20.80.070, and not before, the enforcement agency may take any action specified in the notice and order. Cease and desist orders, orders to take remedial action, notices that the enforcement agency may seek injunctive relief, and notices that the enforcement agency may seek civil penalties may be enforced by appropriate petition or complaint filed in the Superior Court. Notices that the enforcement agency may petition for authority to take remedial action or for suspension, revocation or modification of a permit may be enforced by filing a petition or accusation with the hearing panel. (Ord. 1 1886 Art. 9 § 908, 1979.)

A. If in the course of an investigation, or any other time, the enforcement agency determines that a term or condition of a permit has been violated, that a permit was obtained by misrepresentation or failure to disclose relevant facts, or that modification of a term or condition of a permit is necessary to bring a facility into compliance with an enactment, or to otherwise protect the public health, safety and welfare, the enforcement agency shall file with the hearing panel an accusation to initiate an action to modify, suspend or revoke the permit.
B. The enforcement agency may, in its discretion, precede the filing of the accusation by service of an appropriate notice and order in the manner specified in Section 20.80.070.
C. Within five business days of filing an accusation to modify, suspend or revoke a permit, the enforcement agency shall notify the board of the filing by providing it with a copy of the accusation.
D. If, after an accusation has been filed, the proceeding to modify, suspend or revoke a permit is terminated in any manner other than by decision of the hearing panel as provided by Section 20.84.070, the enforcement agency shall so advise the board.(Ord. 11886 Art.9 § 911, 1979.)

A. Any person who operates a solid-waste facility except as permitted by a solid-waste facilities permit, or who owns a disposal site and intentionally or negligently causes or permits the operator of such disposal site to violate a solid-waste facilities permit or to operate such disposal site without a solid-waste facilities permit, or who intentionally or negligently violates any standard adopted by the board for the storage or removal of solid wastes, shall be subject to a civil penalty not to exceed $1,000.00 for each day such violation or operation occurs.
B. The attorney authorized to act on behalf of the enforcement agency, at the request of the enforcement agency, shall petition the superior court to impose, assess and recover the sums provided in subsection A of this section.
C. Remedies under this section are in addition to, and do not supersede or limit, any other remedies, civil or criminal. (Ord. 11886 Art. 9 § 910, 1979.)

A. If the enforcement agency determines that a violation exists that poses an imminent threat to life or health, it may clean up, abate or otherwise remedy the violations.
B. If any action is taken pursuant to subsection A of this section, the enforcement agency shall give notice in the manner specified in subsection D of Section 20.80.070 to the owner and operator as soon as practicable, but in no case later than five business days after taking the action. A copy of the notice shall be transmitted to the board within five business days of issuance.
C. The enforcement agency may bring an action in the superior or municipal court to recover the costs of emergency remedial measures. Upon the bringing of such an action, the enforcement agency, within five business days, shall advise the board of the action by transmitting the information on a form approved by the board, accompanied by a copy of the complaint. (Ord. 11886 Art. 9 § 909, 1979.)