2000 Annual Report Permitting and Operations

Permitting and Operations Topics

Introduction Regulatory Framework Enforcement Agencies Permitting Operations and Enforcement Closure and Postclosure for Landfills Closed, Illegal and Abandoned Waste Disposal Sites New Initiatives Research and Development

Permitting

Tiered Permits/Streamlined Regulations
To achieve the diversion mandates of AB 939, the IWMB, local governments, and the private sector aggressively implemented diversion programs and recycling market development efforts (e.g., residential curbside collection and commercial separation of recyclables, zoning changes for composting, residential drop-off and buyback centers). Programs like these and others, such as the handling and disposal of less traditional types of wastes, indicated that the regulatory structure in place in the early 1990s was not appropriate for the variety of emerging handling methods.

Prior to 1994, virtually all solid waste handling facilities were required to obtain a "full" solid waste facility permit or exemption from the LEA with concurrence by the IWMB. In November 1994 the IWMB adopted regulations implementing a tiered regulatory structure for all solid waste facilities and solid waste handling operations. The structure is designed to be flexible to accommodate the variety of handling methods and provide a level of regulatory oversight commensurate with the impacts associated with the solid waste handling or disposal activity.

The regulations established four tiers in addition to the existing full solid waste facilities permit.

* State minimum standards are operational and closure-related requirements adopted by the IWMB and applied to all solid waste facilities for the protection of public health, safety and the environment. They include requirements for the control of dust, litter, and noise; maintenance of roads and equipment; load checking for hazardous waste; the placement of cover material; and monitoring of explosive gases at landfills. The State minimum standards for landfills and for all other transfer or processing operations can be found elsewhere on this Web site.

The regulations established only the tiered structure. To be applicable, the IWMB must adopt regulations to set minimum standards and place different types of operations and facilities in the tiers. The IWMB has adopted tiered regulations for composting, nonhazardous contaminated soil; nonhazardous ash; transfer/processing; and nonhazardous, nonputrescible, industrial solid waste.

The IWMB is currently revising its composting regulations and is developing tiered regulations for construction and demolition debris. Additional information regarding the tiered regulatory structure is available at www.ciwmb.ca.gov/LEACentral/Regs/Tiered/.

Permit Process
Long before the IWMB reviews a permit, the operator of a solid waste facility must address local requirements, such as zoning and land use permits. Typically this is the time that a complete environmental assessment is made as required by CEQA. LEAs and the IWMB participate in the CEQA process, as do other agencies with regulatory responsibility for the facility’s design and operation.

After an application is submitted, the LEA reviews all the technical documents and determines if the facility will be compliant with all solid waste facility requirements. The LEA then prepares a solid waste facility permit and forwards the permit to the IWMB for review. The IWMB has 30 to 60 days in which to concur with or deny the permit. The LEA issues the permit after IWMB concurrence. IWMB review ensures that applicable laws, regulations, and procedures have been followed; that financial assurance is available for operating liability and for closure/postclosure maintenance; and that operating conditions are delineated. The IWMB also reviews permits for consistency with local waste management plans and CEQA documents. Permits are required to be revised upon changes in design or operation that affect the permit conditions.

In addition, LEAs review permits every five years or more frequently if necessary. The LEA summarizes and makes their findings in a permit review report submitted to the IWMB. The findings may indicate a permit should be revised to accurately describe planned changes to design and operations. The planned changes may also require additional environmental review and revisions to some or all of the local approvals.

• IWMB staff reviewed and commented on over 125 CEQA related documents.
• IWMB staff conducted 17 one-day CEQA training sessions for LEAs and lead agency staff.
• The IWMB acted upon 44 new or revised permits during the year 2000.

The IWMB has been active in reviewing previously adopted policies and procedures relative to permit processing.