HomeMy WebLinkAbout4089 I Ordinance No. 4089
2 AN ORDINANCE AMENDING SECTIONS 31A-1,31A-2, 31A-4,31A-5
3 AND 31A-7 OF CHAPTER 31A, ENTITLED "SOLID WASTE PERMIT
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ENFORCEMENT AND APPEAL INDEPENDENT HEARING PANEL," OF THE
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BUTTE COUNTY CODE
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The Board of Supervisors of the County of Butte ordains as follows:
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Section 1. Section 31A-1, entitled "Hearing panel established," of Chapter 31A, entitled
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9 "Solid Waste Permit Enforcement and Appeal Independent Hearing Panel," of the Butte
10 County Code is hereby amended to read as follows:
I I "31A-1 Hearing panel established.
12 Pursuant to the authority granted by Public Resources Code Section 44308 and Section 18060,
13 Title 14, California Code of Regulations,the Board of Supervisors hereby establishes in the
14 County of Butte a solid waste enforcement and appeal independent hearing panel. The term
15 "hearing panel" when used in this chapter, shall refer to the solid waste enforcement and appeal
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independent hearing panel."
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Section 2. Section 31A-2, entitled "Members; alternate members; appointment; term of
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office; vacancies," of Chapter 31A, entitled "Solid Waste Permit Enforcement and Appeal
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20 Independent Hearing Panel," of the Butte County Code is hereby amended to read as
21 follows:
22 "31A-2 Members; alternate members; appointment; term of office; vacancies.
23 The hearing panel shall consist of three (3) members directly appointed by the Board of
24 Supervisors pursuant to the provisions of Public Resources Code Sections 44308(a)(2) and
25 44308(b) and Section 18060, Title 14, California Code of Regulations. As many alternate
26 members as are necessary shall be appointed by the Board of Supervisors to the hearing panel.
27 The qualifications of hearing panel members shall be as set forth in Public Resources Code
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I Section 44308(b)(2 through 4) and Section 18060, Title 14, California Code of Regulations. The
2 term of office and manner in which vacancies are filled shall be in accordance with Public
3 Resources Code Sections 44801."
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Section 3. Section 31A-4, entitled "Conduct of proceedings, powers and duties," of Chapter
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31A, entitled "Solid Waste Permit Enforcement and Appeal Independent Hearing Panel,"
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of the Butte County Code is hereby amended to read as follows:
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"31A-4 Conduct of proceedings, powers and duties.
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9 (a) Responsibilities. The hearing panel shall fulfill the duties and responsibilities of Division
10 30, Part 4, Chapter 4, Article 2 of the Public Resources Code and Sections 18060 and 18081,
11 Title 14, California Code of Regulations_
12 (b) Scheduling of hearings. The hearing panel shall schedule hearings within thirty(30) days
13 within receipt of a hearing request; provided, however, that where circumstances exist beyond
14 the control of the hearing panel or any alternates thereof, precluding such scheduling, an
15 additional thirty (30) days may be utilized.
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(c) Rules of notice and procedure. The hearing panel shall utilize the rules of notice and
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procedure as set forth in Public Resources Code Division 30, Part 4, Chapter 4, Article 2 Section
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44310. The hearing panel shall have the authority to promulgate additional rules, procedures and
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zo forms not inconsistent with the above-cited portion of the Public Resources Code.
21 (d) Written decision. Within thirty (30) days following the completion of the hearing, the
22 hearing panel shall prepare a written decision on the matter presented before it. A copy of this
23 decision shall be directed to the person or persons bringing the appeal as well as to the Division
24 of Environmental Health, Butte County Health Department.
25 (e) The written decision of the hearing panel shall be final."
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I Section 4. Section 31A-5, entitled "Initiation of appeal; fee," of Chapter 31A, entitled
2 "Solid Waste Permit Enforcement and Appeal Independent Hearing Panel," of the Butte
3 County Code is hereby amended to read as follows:
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"31A-5 Initiation of appeal; fee.
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(a) Appeal request. A person requesting a hearing shall submit a written request to the Local
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Enforcement Agency (LEA) in a form and manner satisfactory to the hearing panel. The hearing
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panel may create a specific form for this purpose. The request shall describe in clear and concise
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9 language the specific basis for the appeal. The request shall state all applicable law intended to
10 be relied upon by the person bringing the appeal, including but not limited to, relevant portions
11 of the Butte County Code, the California Code of Regulations, any California Statutory
12 provisions and any relevant case law.
13 (b) Fee. At the time the person submits a written request for a hearing, that person shall also
14 pay a fee to the County of Butte sufficient to cover the hearing panel and county expenditures
15 incurred in processing the appeal. The appeal fee shall be in the amount of four hundred dollars
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($400.00) and paid to the Division of Environmental Health, Butte County Health Department. I
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the person requesting the hearing prevails on appeal, the appeal fee shall be refunded."
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Section 5. Section 31A-7, entitled "Independent authority of local solid waste enforcement
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20 agency in the event of a public health, safety or welfare risk," of Chapter 31A, entitled
21 "Solid Waste Permit Enforcement and Appeal Independent Hearing Panel," of the Butte
22 County Code is hereby amended to read as follows:
23 "31A-7 Independent authority of local solid waste enforcement agency in the event of a
24 public health, safety or welfare risk.
25 In the event of a public health, safety and/or welfare risk, the local solid waste enforcement
26 agency or any other authorized agency, may take action independent of and from the hearing
27 panel. In the event of such public health, safety and/or welfare risk, the local solid waste
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I enforcement agency or other authorized agency may act independently of the hearing panel,
2 according to Public Resource Code section 44305(b).
3 Section 6. Severability. If any provision of this Ordinance or the application thereof to any
4 person or circumstances is for any reason held to be invalid by a court of competent jurisdiction,
5 such provision shall be deemed severable, and the invalidity thereof shall not affect the
6 remaining provisions or other applications of the Ordinance which can be given effect without
7 the invalid provision or application thereof.
8 Section 7. Effective Date and Publication. The Ordinance shall take effect thirty 30 days after
9 the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to
10 publish this Ordinance before the expiration of fifteen (15) days after its passage. This
11 Ordinance shall be published once, with the names of the members of the Board of Supervisors
12 voting for and against it, in the Chico Enterprise-Record, a newspaper of general circulation
13 published in the County of Butte, State of California.
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I PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
2 California, on the 4t" day of November, 2014, by the following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
4 NOES: None
5 ABSENT: None
6 NOT VOTING: None
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DOUGTEETER, Chair of the Butte County
to Board of Supervisors
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ATTEST:
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14 PAUL HHmi
AN, Chief Administrative Officer
and Clerk ohe
f PoalrO
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16 By:
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