HomeMy WebLinkAbout3033~ Ordinance No. 3a~3
2 AN ORDINANCE OF THE COUNTY ~F BUTTE ADDING CHAPTER 31.1
3 TO THE CODE OF BUTTE COUNTY
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5 The Board of Superv~.sors of the County of Butte, State of California,
6 ordaa.n as follows:
7 S~cti~n 1. A new chapter, 31.1, entitled "Solid Waste Permit
8 Enforaement and Appea~ Independent Hearing Pane1", is added to the Cade
9 of Butte County. This chapter sha~.l read as foll~ws:
10 "Chapter 31.1.. Solid Waste Permit Enforcement
11 and Appeal Independent Hearing Pane~
12 Section 31.1-1. Hearincl Panel Established
13 Pursuan.t to the authority granted it by Public Resaurces Code Section
14 448A0 and Section 18060, Title 14, Calitornia Code of Regulations, the
15 Board of Supervisars hereby establishes in the Caunty of Butte a S~lid
16 Waste Enforcement and Appeal.independent Hearing Panel. The term "Hearing
17 Panel" when used in this Chapter, sha1.1 refer to the Solid Waste
1s Enfarcement and Appeal Tndependent Heari.ng Panel.
19 Secti~n 31.1.-2 . Members • Alternate Members • A ointment • Te~n of
20 Office• Vacancies •
21 The Hearing Panel shall consist o~ three members directly appoi.nted
22 by the Board of Superva.sors pursuant to the provisa.ons of Public Resources
23 Code Sections 44800 and 44801 and Sectian 18060, Tit1e 14, California Code
24 of Regulations. As many alternate members as are necessary shall be
25 appainted by the Board of Supervisars ta the Hearing Panel• The
26 qualifications af Heara.ng Panel members sha11 be as set forth in Pub~ic
27 Resources Code Sectian 44801 and Section 18060, Tit1e 14, California Code
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1 of Regulations . The term o~ otf ice and manner in which vacancies are
2 filled shal~ be in accordance with Public Resources Code Sections 44801.
3 Section 3~.1-3. Respons~b3.e Agencv
~ The Division of Environmental Heal.th, Butte County Health Department,
5 is that agency respansib~.e for (1) providing the State Integrated Waste
6 Management Board with the appointment information required in Section
7 18060, Title 14, California Cod~ of Regu~ations, (2) receiving hearing
8 requests of the Hearing Panel, and (3) providing the Hearing Panel with
9 clerical assistance.
10 Section 31.1.-4. Conduct of Proceedin s Powers and Duties
11 {a) Responsibilities.
12 The Hearing Panel shall fulfill the duties and responsibiliti~s
13 af Division 30, Part 4, Chapter 4, Article 3 of the Public
~4 Resot~r~es Code and Sections 18060 and 1.8081, Title ~4,
15 California Code of Regulations.
16 (b} Scheduling o~ Hearings.
17 The Hearing Panel shall scheduZe hearings within th~rty days
18 within receipt of a hearing request; pravided, however, that
19 where circumstances exist beyond the control of the Hearing
20 Panel or any alternates thereaf, prec~.uding such scheduling, an
21 addit~.ona~ thi~ty days may be utilized.
22 (c) Rules of Notice and Procedu~e.
23 The Hearing Pane~. shall utilize the rules of natice and
24 procedure as set forth in Pub~.ic Resources Cade Division 30,
25 Part 4, Chapter 4, Article 3. The Hearing Panel shal~ have the
26 author~ty to promulgate additional rules, procedures and forms
27 not inconsistent with the above-cited partion of the Public
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1 Resources Code.
2 (d} Written Dec~s~on.
3 Within thirty days following the completion of the hearing, the
4 Hearing Panel shall prepare a written decision on the matter
5 presented betore ~t. A capy of this decision shall be directed
6 to the person or persons bringing the appeal as well as to the
~ Divisian of Environmental Health, Butte County Hea~th
8 Department.
g (e) The written decision of the Hearing Panel shall be final.
10 Section 31.1-5. Initiation of A eal• Fee
11 (a) Appeal Request.
12 A person requesting a hearing shall submit a written request in a
13 form and manner satisfactory to the Hearing Panel. The Hearing Panel may
14 create a specific form for this purpase. The request shal~ d'escribe in
15 clear and cancise language the speci~~.c basis for the appeaZ. The request
15 sha~1. state all applicabl~ law intended to be relied upan by the person
1.7 bringing the appeal, including but not ~.imited to, relevant partions of
18 the Butte County Code, the California Code o~ Regulations, any California
19 Statutory provisions and any relevant case law.
2p (b) Fee.
21 At the time the persan submits a written request for a hearing, that
22 person shall alsd pay a fee to tha C~unty of Butte su~ficient ta caver the
23 Hearing Panel and County expenditures ~ncurred in processing th~ appeal.
24 The appeal fee shaZl be in the amount af $400 and paid to the Division of
25 Enviran~enta~ Health, Butte County Hea~th Department. Tf the persan
26 requesting the hearing prevails on appea~., the appeal fee sha~.~ be
27 refunded.
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1 Section 31.1-6. Campensation of Membe~s
2 Each Hearing Panel member shall be paid $75 for each day that the
3 Hearing Panel is in session except in the event that the Hearing Panel is
4 in session for one-half day or less, the compensation far each member zs
5$40 per day. An alternate member sitting on the Hearing Panel shall
6 receive the same compensation as a regular Hearing Panel member. No
7 compensation shall be paid to any Hearing Panel member unless the member
8 is actua~ly sitting on the Pan~l whiie the Panel is in session. Neaessary
9 travel expenses sha11 be paid as determined by the Board of Supervisors.
10 Secti~n 31.1-7. Tnde endent Authorit o~ Local So~.id Wast~
11 Enforcement A enc In The Event oE a Public Health Safet or
12 Welfa~-e ~isk«
13 In the event af a public health, safety and/or welfare risk, the
14 loca~. Saiid Waste Enforcement Agency or any other authorized agency, may
15 take action independent o~ and from the Hearing Panel. In the event of
I6 such public health, safety and/ar welfare risk, the locai So1id Waste
17 Enf~rce~nent Agency or other authorized agency may act independently of the
18 Hearing Panel, notwithstanding Public Resources Code Sections 44802 and
19 44815.
20 Section 2. Severabilitv
21 If any part af this orda.nance shall be held vaid by a court of
22 competent jur~sdiction, such part shaZl lae deemed severable, and the
23 invalidity thereaf shal~.not affect the remaining parts of this o~dinance.
24 Section 3. This ordinance sha~.l be and is hereby deciared to be
25 in full £arce and effect sixty (60) days after the date o~ its passage,
26 and before the expa.ration of fifteen (15) days after its passagE, this
27 ardinance shall be published once with the names o~ the members of the
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Baard of Supervisors voting for and agaa.nst it in the Gr~dle Herald ,
a newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the Caunty af
Butte, State ot California, on the Z~t~ day of Octaber , 1992, by the
following vate:
AYES: Superva.sors McIn~uxf, Houx, McLauhlin, Fulton and Cha~.r po1an
NOES: None
ABSENT: None
NOT VOTTNG: None ~ ~~,,
nn...,j ~ ......~.. ..._
Board of Supervisors
ATTEST: ~ ~
JOHN BLACKLOCK, Chie~ Administrative
' ~ffic r and C7~ r of the Board
By a~f~
GPE/z'e~
(Salid.ord)
te County
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