Current as of: 2010 (a) The secretary may immediately implement those aspects
of the unified program which do not require statutory changes. If the
secretary determines that statutory changes are needed to fully
implement the program, the secretary shall recommend those changes to
the Legislature on or before March 1, 1995, so that the changes, if
approved by the Legislature, can be implemented as part of the
program by January 1, 1996.
(b) The secretary shall work in close consultation with the
Environmental Protection Agency, and shall implement this chapter
only to the extent that doing so will not result in this state losing
its authorization or delegation to implement the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.),
the Federal Water Pollution Control Act, (33 U.S.C. Sec. 1251 et
seq.), the Emergency Planning and Community Right-to-Know Act of 1986
(42 U.S.C. Sec. 11001 et seq.), and any other applicable federal
laws.
(c) The secretary shall adopt regulations necessary for the
orderly administration and implementation of the unified program. The
regulations shall include, but are not limited to, performance
standards to guide the secretary in evaluating unified program
agencies including evaluation of fee accountability and enforcement
activities. The secretary shall adopt those regulations as emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code, and
for the purposes of that chapter, including Section 11349.6 of the
Government Code, the adoption of the regulations is an emergency and
shall be considered by the Office of Administrative Law as necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.
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