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Cease and Desist Case Study

Cease and Desist Case Study. SI-NOR, Inc. Coastal Materials and Recovery Facility and Transfer Station. History. Coastal Materials MRF and TS purchased in 1999 by Si-Nor, Inc. Originally permitted as MRF with only transfer of residual materials. September 1999.

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Cease and Desist Case Study

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  1. Cease and Desist Case Study SI-NOR, Inc. Coastal Materials and Recovery Facility and Transfer Station

  2. History • Coastal Materials MRF and TS purchased in 1999 by Si-Nor, Inc. • Originally permitted as MRF with only transfer of residual materials

  3. September 1999 Operator obtained approval from Dept. of Regional Planning (DRP) to construct: • Transfer tunnel • Relocated truck scales • Separate entrance/exit driveways

  4. Changes made to facility without amendments and updates to the Transfer Processing Report Violation of 14 CCR 18221.4 and 27 CCR 21665 Conditional Use Permit expired on October 1, 2001

  5. Solid Waste Facility Permit expired concurrently Owner filed application for new CUP but process stalled Facility continued to operate without a valid CUP or SWFP

  6. Other Issues • Site consistently in violation of State Minimum Standards for • Cleaning • Sanitary Facilities • Lighting • Drainage Control • Maintenance

  7. Cease & Desist Order • C & D Order Issued on April 11, 2004 • Operator files an appeal to the LA County Solid Waste Facilities Hearing Panel • Appeal stayed the C & D Order

  8. LEA Actions • Initiated process to find members for Hearing Board • Met with Department of Regional Planning (DRP), Operator and their lawyers

  9. DRP and Operator created Draft Interim Operating Agreement (IOA) that included: • SMS Operations and Maintenance Manual • Milestone Schedule

  10. Hearing Panel Decision November 23, 2004 Si-Nor, Inc. executed the “IOA” with DRP that provided the needed land use approval for continued operation under SMS O & M Manual and Milestones included in IOA

  11. Hearing Panel Decision • Stipulated Notice and Order proposed in consultation with Operator, DRP, LEA and CIWMB • It allowed continued operation until end of hearing process • It was signed on December 21, 2004

  12. Current status • Change of ownership in March 2006 • New Owners inherited pre-existing terms and conditions

  13. Lessons Learned • Avoid SWF Permit conditions that terminate a permit when another regulatory agency voids its permit • Ensure local Hearing Panel exists • Maintain lines of communications with other regulatory agencies

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