1. (a) If the Department finds that a state agency is violating Article 5 or Article 10 of this chapter, then the Department shall take the following actions:

   1. (1) Issue a Notice of Violation requiring compliance within 90 days of the date of issuance of that notice. The Department shall grant an additional extension up to 180 days from the date of issuance of the Notice of Violation if it finds that additional time is necessary for the state agency to comply. The Department shall base its finding on available evidence, including relevant evidence provided by the state agency.

   2. (2) If a state agency fails to comply by the final deadline in a Notice of Violation, the Department shall take the following actions:

      1. (A) List the state agency on the Organic Waste Recovery Noncompliance Inventory on the Department's website until such time as the Department finds that the state agency is no longer in violation.
      2. (B) Notify the Governor.
      3. (C) Notify the Legislature.

Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.

History

1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).