Article LIV — SAN DIEGO COUNTY SOLID WASTE HEARING PANEL

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*Editor’s note -- A new Article LIV, SAN DIEGO COUNTY SOLID WASTE HEARING PANEL, Sections 860--860.10, added by Ord. No. 8031 (N.S.), adopted 1-21-92, effective 2-20-92.

Cross reference(s) -- Definitions, § 20 et seq.; general rules, § 50 et seq.; powers and duties of officers, boards, and commissions, § 51; appointment and removal, § 52.

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SEC. 860. SAN DIEGO COUNTY SOLID WASTE HEARING PANEL.

There is hereby created and established the San Diego County Solid Waste Hearing Panel. This Panel is established in accordance with Division 30 of the Public Resources Code, and Title 14 of the California Code of Regulations, and shall have the duties and responsibilities as defined in Section 860.8.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 9257 (N.S.), effective 11-9-00)

State law reference(s) -- Establishment of hearing panel, Public Resources Code, § 44800 et seq.; Code of Regulations, Tit. 14.

The Panel shall consist of 3 members, but when necessary to comply with Section860.2 may hear matters with two members and an Alternate. The Board of Supervisors shall nominate one member of the Board of Supervisors and one member of the general public, who shall be appointed by the Board of Supervisors. The San Diego County Disposal

Association shall nominate one member having technical expertise and knowledge of solid waste management methods and technology, who shall be appointed by the Board of Supervisors. The members shall serve during their terms at the pleasure of the Board of Supervisors and any member may be removed at any time by a majority vote of the Board of Supervisors or by the member's failure to meet the scheduled meeting attendance requirements. The alternate shall be a County Hearing Officer appointed pursuant to Section 650 et seq. of the County Administrative Code.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 10137 (N.S.), effective 4-15-11; amended by Ord. No. 10821 (N.S.), effective 1-13-23)

Cross reference(s) -- Board of supervisors, § 500 et seq.

(1) An active employee of the County shall not serve on the Panel.

(2) No member of the hearing panel shall make, participate in making or in any way attempt to use their position as a member of the hearing panel to influence a decision in which they know or have reason to know that they have a financial interest. Where an appeal to be heard by the panel involves a facility that is operating or that if constructed would operate in direct competition with a facility in which a member has an employment-related interest, a financial interest shall be presumed.

(3) A panel member who becomes aware that a pending hearing involves a matter in which they have a financial interest shall notify the Clerk of the Board. The Clerk shall appoint a County Hearing Officer to sit as an Alternate when that matter is heard.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 10137 (N.S.), effective 4-15-11)

Members shall serve a term of office for four years. Any member whose term has expired hereunder shall continue to discharge the duties as a member until a successor has been appointed and qualified. Members of the Panel shall not serve more than two consecutive terms.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 9951 (N.S.), effective 8-22-08; amended by Ord. No. 10137 (N.S.), effective 4-15-11)

A vacancy shall occur as a result of any of the following events before the expiration of the term:

(1) The death of the incumbent.

(2) The resignation of the incumbent.

(3) Unexcused absences from three consecutive scheduled meetings.

(4) For any reason specified in Government Code Section 1770.

When a vacancy occurs as the result of missing three consecutive scheduled meetings both the member and the Board of Supervisors shall be notified by the Panel Chairperson. Vacancies shall be filled in accordance with Section 860.1.

Vacancies shall be filled for the balance of the unexpired term of the member being replaced.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 10137 (N.S.), effective 4-15-11)

(a) Officers. The Panel shall select from its membership a Chairperson and a Vice-Chairperson in July of each year, or if no meeting is held in July at the next meeting of the Panel following each July. The officers shall serve until the next meeting at which officers are selected.

(b) Rules. The Panel may prepare and adopt any necessary rules and regulations for the conduct of its business.

(c) Quorum. Three members currently appointed to the Panel or two members and an alternate shall constitute a quorum. A majority of three members or two members and alternate in attendance shall be required to take action.

(d) Minutes. The Panel shall keep written minutes of its meetings, a copy of which shall be filed with the Clerk of the Board of Supervisors.

(e) Meetings. The Panel shall meet as often as may be necessary for the transaction of business and shall give public notice of the time and place of meetings in compliance with the requirements of the Brown Act. All meetings of the Panel shall be open and public and all persons shall be permitted to attend any meetings of the Panel.

(f) Government Code section 1098: County Citizen Panels shall be subject to the provisions of Government code section 1098 - Confidential information; use or disclosure for pecuniary gain.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 9951 (N.S.), effective 8-22-08; amended by Ord. No. 10137 (N.S.), effective 4-15-11; amended by Ord. No. 10411 (N.S.), effective 2-26-16)

(a) Volunteer and Consultant Services. The Panel shall engage the services of volunteer workers and consultants without salary as it may find necessary from time to time. Service of an individual as a volunteer worker or as a consultant shall not be considered as service for or employment by the County.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92)

Members or Alternate of the Panel shall serve without compensation, except such compensation as is otherwise provided for a County Hearing Officer, when sitting as an Alternate. Panel members or Alternate shall be reimbursed for expenses incurred in performing their duties under this article, including mileage reimbursement in accordance with Administrative Code Section 471 and 472.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 10137 (N.S.), effective 4-15-11; amended by Ord. No. 10821 (N.S.), effective 1-13-23)

The Panel shall have the following duties and responsibilities:

1. The Panel shall hear and determine appeals based on requests by persons subject to an action (enforcement or permit action) by the Solid Waste Local Enforcement Agency (LEA) or requests by persons alleging the LEA failed to act as provided for in Division 30 of the Public Resources Code and applicable provisions of CCR Title 14.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92; amended by Ord. No. 9257 (N.S.), effective 11-9-00; amended by Ord. No. 10137 (N.S.), effective 4-15-11)

Cross reference(s) -- Powers and duties of officers, boards, and commissions, § 51.

State law reference(s) -- Denial, suspension, revocation of permits, Public Resources Code, § 44800 et seq.

The Chief Administrative Officer shall ensure the provision of the necessary staff assistance to the Panel.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92)

Cross reference(s) -- Chief administrative officer, § 120 et seq.

This Article shall be reviewed as a part of the regularly scheduled sunset review process.

(Added by Ord. No. 8031 (N.S.), effective 2-20-92)