Sustainability of Parks, Recycling & Wildlife Legal Defense Fund v. County of Solano Department of Resource Management

Sustainability of Parks, Recycling and Wildlife Legal Defense Fund (SPRAWLDEF) appeals following its unsuccessful attempt to secure an administrative hearing before the County of Solano Department of Resource Management (the Department) in order to challenge proposed revisions to a solid waste facility permit for the Potrero Hills Landfill. After the Department denied SPRAWLDEF’s request for a hearing, SPRAWLDEF filed a petition for a writ of mandate to compel the Department to hold the hearing under Public Resources Code section 44307. SPRAWLDEF appeals from the trial court’s denial of the petition.

We hold that under section 44307 SPRAWLDEF was entitled to an administrative hearing. We therefore reverse the court order denying the writ petition.

BACKGROUND

A. Applicable Procedures Under the Solid Waste Management Act

Division 30, known as the California Integrated Waste Management Act of 1989 (Act; § 40000 et seq.), was added to the Public Resources Code in 1989. (Stats. 1989, ch. 1095, § 22, p. 3812; see Valley Vista Services, Inc. v. City of Monterey Park (2004) 118 Cal.App.4th 881, 886 [ 13 Cal.Rptr.3d 433 ].) “The Act is designed to protect the environment,…