Butte County Municipal Code Ch. 31A Solid Waste Permit Enforcement and Appeal Independent Hearing Panel

Footnotes:

--- (1) ---

Editor's note— Chapter 31A has been redesignated by the editor in order to conform to the style of this Code.

Pursuant to the authority granted by Public Resources Code Section 44308 and Section 18060, Title 14, California Code of Regulations, the Board of Supervisors hereby establishes in the County of Butte a solid waste enforcement and appeal independent hearing panel. The term "hearing panel" when used in this chapter, shall refer to the solid waste enforcement and appeal independent hearing panel.

(Ord. No. 3033, § 1, 10-20-92; Ord. No. 4089, § 1, 11-4-14)

The hearing panel shall consist of three (3) members directly appointed by the Board of Supervisors pursuant to the provisions of Public Resources Code Sections 44308(a)(2) and 44308(b) and Section 18060, Title 14, California Code of Regulations. As many alternate members as are necessary shall be appointed by the Board of Supervisors to the hearing panel. The qualifications of hearing panel members shall be as set forth in Public Resources Code Section 44308(b)(2 through 4) and Section 18060, Title 14, California Code of Regulations. The term of office and manner in which vacancies are filled shall be in accordance with Public Resources Code Sections 44801.

(Ord. No. 3033, § 1, 10-20-92; Ord. No. 4089, § 2, 11-4-14)

The Division of Environmental Health, Butte County Health Department, is that agency responsible for (1) providing the state integrated waste management board with the appointment information required in Section 18060, Title 14, California Code of Regulations, (2) receiving hearing requests of the hearing panel, and (3) providing the hearing panel with clerical assistance.

(Ord. No. 3033, § 1, 10-20-92)

(a) Responsibilities. The hearing panel shall fulfill the duties and responsibilities of Division 30, Part 4, Chapter 4, Article 2 of the Public Resources Code and Sections 18060 and 18081, Title 14, California Code of Regulations.

(b) Scheduling of Hearings. The hearing panel shall schedule hearings within thirty (30) days within receipt of a hearing request; provided, however, that where circumstances exist beyond the control of the hearing panel or any alternates thereof, precluding such scheduling, an additional thirty (30) days may be utilized.

(c) Rules of Notice and Procedure. The hearing panel shall utilize the rules of notice and procedure as set forth in Public Resources Code Division 30, Part 4, Chapter 4, Article 2 Section 44310. The hearing panel shall have the authority to promulgate additional rules, procedures and forms not inconsistent with the above-cited portion of the Public Resources Code.

(d) Written Decision. Within thirty (30) days following the completion of the hearing, the hearing panel shall prepare a written decision on the matter presented before it. A copy of this decision shall be directed to the person or persons bringing the appeal as well as to the Division of Environmental Health, Butte County Health Department.

(e) The written decision of the hearing panel shall be final.

(Ord. No. 3033, § 1, 10-20-92; Ord. No. 4089, § 3, 11-4-14)

(a) Appeal Request. A person requesting a hearing shall submit a written request to the Local Enforcement Agency (LEA) in a form and manner satisfactory to the hearing panel. The hearing panel may create a specific form for this purpose. The request shall describe in clear and concise language the specific basis for the appeal. The request shall state all applicable law intended to be relied upon by the person bringing the appeal, including but not limited to, relevant portions of the Butte County Code, the California Code of Regulations, any California Statutory provisions and any relevant case law.

(b) Fee. At the time the person submits a written request for a hearing, that person shall also pay a fee to the County of Butte sufficient to cover the hearing panel and County expenditures incurred in processing the appeal. The appeal fee shall be in the amount of four hundred dollars ($400.00) and paid to the Division of Environmental Health, Butte County Health Department. If the person requesting the hearing prevails on appeal, the appeal fee shall be refunded.

(Ord. No. 3033, § 1, 10-20-92; Ord. No. 4089, § 4, 11-4-14)

Each hearing panel member shall be paid seventy-five dollars ($75.00) for each day that the hearing panel is in session except in the event that the hearing panel is in session for one-half day or less, the compensation for each member is forty dollars ($40.00) per day. An alternate member sitting on the hearing panel shall receive the same compensation as a regular hearing panel member. No compensation shall be paid to any hearing panel member unless the member is actually sitting on the panel while the panel is in session. Necessary travel expenses shall be paid as determined by the board of supervisors.

(Ord. No. 3033, § 1, 10-20-92)

In the event of a public health, safety and/or welfare risk, the local solid waste enforcement agency or any other authorized agency, may take action independent of and from the hearing panel. In the event of such public health, safety and/or welfare risk, the local solid waste enforcement agency or other authorized agency may act independently of the hearing panel, according to Public Resource Code section 44305(b).

(Ord. No. 3033, § 1, 10-20-92; Ord. No. 4089, § 5, 11-4-14)