LEA Advisory #24 (Revised)—July 26, 2001

When are 5-Year Permit Reviews Due?

To All Local Enforcement Agencies:

This LEA advisory has been developed to clarify any confusion that has existed regarding when five-year permit reviews are due for full permits. Public Resources Code (PRC) §44015 and California Code of Regulation (CCR) Title 27, Section 21640 set the requirement that any Solid Waste Facility Permit (permit) issued or revised shall be reviewed at least once every five years. There has been confusion as to when the five year period is calculated from, either the date of issuance of the permit, or the completion of last five year permit review.

PRC §44015 and CCR Title 27, Section 21640 both state that any permit issued or revised shall be reviewed or revised at least once every five years. The law and regulation both imply that a revision is equivalent to a permit review. A revision will be considered to be equivalent to a five-year permit review. In the case of a full permit, a copy of the permit review report that has been prepared in the last 5 years, should be included with every application package for revision submitted to the Board. You may refer to LEA Advisory #21 for guidance on how to complete five-year permit review reports.

Five year permit reviews will be due five years from the date of the last review or revision, whichever is later, as the law and regulation require. The date of revision will be considered to be the issuance date of the permit. Following are examples of several permits, and guidance for determining when the five-year permit reviews are due.

1. A permit was issued in 1985, revised in 1987, and a five year permit review report was completed in 1991 indicating no revision was needed. The permit will be due for review in 1996.
2. A five year permit review was completed in 1992 indicating a revision was necessary, and a revised permit was not issued until 1993. The permit will be due for review in 1998.
3. A permit was issued in 1989, and was revised in 1993. The permit will be due for review in 1998.
4. Permit "modifications" have since been replaced by the permit "revision" process.
5. A permit was issued in 1984, and a five-year permit review was completed in 1989 indicating that a revision was necessary. In 1994, the permit still had not been revised. A five-year permit review should be conducted in 1994 because the law states the permit shall be reviewed or revised at least once every five years. The permit review report in this case should place emphasis on why the revision was not completed in a timely manner.

Other Resources:

• Permit Toolbox Permit Review Page
• LEA Advisory No. 21: Format for Permit Review Reports
• LEA Advisory No. 52: Documentation of "No Change" During Permit Review

If you have any questions or need additional information, please contact your Permitting and Inspection Branch representative.

Sincerely,

Original signed by:

Deputy Director
Permitting and Enforcement Division

Publication #232-95-007

The intent of the advisories is to provide guidance to Local Enforcement Agencies (LEA) in performing their duties. Guidance, for this purpose, is defined as providing explanation of the Board’s regulations and statutes.

Unless included by reference in the LEA's Enforcement Program Plan (EPP), advisories are not enforceable in the same manner as regulations because they have not been adopted through the formal rulemaking process (see Government Code sections 11340.5 and 11342.6). Advisories do not take precedence over statute or regulation.

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