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(2) Delays not within the control of respondant or their agents in obtaining <br />discretionary permits or other government agency approvals; or, <br />(3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery <br />capacity and the Member Agency is under a corrective action plan with CalRecycle <br />pursuant to 14 CCR Section 18996.2 due to those deficiencies. <br />(f) Appeals Process <br />Persons receiving an administrative citation containing a penalty for an uncorrected <br />violation may request a hearing to appeal the citation. A hearing will be held only if it is <br />requested within the time prescribed in the administrative citation and consistent with the <br />Enforcement Agency's appeal procedures. <br />(g) Education Period for Non -Compliance <br />With respect to provisions of this Ordinance subject to enforcement starting January 1, <br />2024, the Enforcement Agency will, prior to that date, conduct Inspections, Remote <br />Monitoring (if such a program is implemented), Route Reviews or waste evaluations, and <br />Compliance Reviews, depending upon the type of regulated entity, to determine <br />compliance, and if the Enforcement Agency determines that Organic Waste Generator, <br />Self -Hauler, Regulated Hauler, Tier One Commercial Edible Food Generator, Food <br />Recovery Organization, Food Recovery Service, or other entity is not in compliance, it <br />shall provide educational materials to the entity describing its obligations under this <br />Ordinance and a notice that compliance is required and that violations may be subject to <br />administrative citations, penalties, or other remedies starting on January 1, 2024. <br />(h) Civil Penalties for Non -Compliance <br />If the Enforcement Agency determines that an Organic Waste Generator, Self -Hauler, <br />Regulated Hauler, Tier One or Tier Two Commercial Edible Food Generator, Food <br />Recovery Organization, Food Recovery Service, or other entity is not in compliance with <br />this Ordinance, it may document the noncompliance or violation, issue a Notice of <br />Violation, and/or take Enforcement Action pursuant to this Section 12, as needed and <br />consistent with the enforcement commencement dates set forth in subsection (c)(1), <br />above. <br />(i) The Enforcement Agency for the provisions of this Section 12 is the Member Agency <br />and any Designee authorized by the Member Agency to enforce one or more sections of <br />this Ordinance. <br />SECTION 13. LOCAL REGULATION AND OPT -IN PROVISIONS <br />(a) Nothing in this Ordinance shall be construed to prohibit any Member Agency from <br />enacting and enforcing ordinances and regulations regarding the collection, transport, <br />storage, processing, and deposit in landfill(s) of Solid Waste within its jurisdiction, <br />including more stringent requirements than those in this Ordinance. <br />