Local Enforcement Agency Permit Toolbox

CEQA Requirements for Obtaining a Permit

• Which permit tiers require CEQA compliance?
• Operator application filing requirements
• LEA review and findings
• Board review and findings
• Resources (regulations, advisories, tools, forms, and links)

Please call or e-mail ERS staff if you have any questions about the CEQA process.

Which Permit Tiers Require CEQA Compliance?

• Full: Title 27, 21570(f)(3), (4)
• Standardized: Title 14, Section 18105.1(f)

Although the registration tier currently does not require the applicant to submit evidence of CEQA compliance, CEQA compliance may be required through a permit or approval by a responsible or lead agency. Please note that Board staff are reviewing the CEQA requirements for registration permits and may change this regulation in the future.

Operator Permit Application Filing Requirements 

For a full or standardized permit, the operator is required to submit the following CEQA information with the complete and correct permit application:

• Evidence of CEQA compliance; or
• Information on the status of CEQA compliance; including
• The proposed project description; and 
• Any CEQA mitigation monitoring implementation schedules.

Environmental Review Document Preparation Guidelines

The following outlines were developed by Board staff as guides to lead agencies in the preparation of CEQA documentation and to responsible agencies for their review of documentation for the construction and/or operation of a solid waste facility requiring a full solid waste facility permit (SWFP).

• Disposal Facilities
• Transfer/Processing Stations
• Composting Facilities

Status Reports

While a status report may be adequate for submittal of the application, evidence of CEQA compliance is required prior to Board concurrence in order to obtain a full or standardized permit.

Lack of CEQA compliance is not a reason for finding an application incomplete or incorrect.

However, utilizing Section 15111 of the CEQA Guidelines, an application would not be received ("accepted for filing") by the LEA under the permitting statute or ordinance until such time as progress toward completing the environmental documentation required by CEQA is sufficient to enable an LEA to complete the permit process. Thus the permit review timelines are halted until CEQA is sufficiently completed.

Once CEQA compliance has been achieved, evidence of compliance shall be submitted to the enforcement agency.

Evidence of Compliance

The following are examples of types of environmental documents that may be submitted to demonstrate evidence of CEQA compliance or status towards compliance:

• Initial Study
• Environmental Impact Report (EIR), Draft (DEIR), or Final (FEIR)
• Supplemental or Subsequent EIR (SEIR)
• Addendum to an EIR
• Negative Declaration (NegDec or ND)
• Mitigated Negative Declaration (MND)
• Notice of Determination (NOD)
• Notice of Exemption (NOE)
• Mitigation Monitoring Implementation Schedule (MMIS) and/or Mitigation Monitoring and Reporting Program (MMRP)
• Statement of Overriding Considerations

Please see the Resource Agency's CEQA Guidelines for more information on each type of environmental document.

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LEA Review and Findings

Environmental Document Review Process  

The LEA should be available to provide the following services as a responsible agency:

• Provide guidance to local planning agencies.
• Scoping meetings.
• Early consultation.
• Comment on Initial Study and draft environmental document(s).
• Review final environmental document(s) and response to comments.

Also see:

• Board handout LEA Role as a Responsible Agency.
• Environmental Review Document Preparation Guidelines for information on what types of information should be addressed in the environmental document.

Application Package Review Process

• Compare final environmental document(s) with application and/or proposed (or draft) permit, especially site design parameters such as tonnage, traffic, hours, etc. to make sure they match.
• Add terms and conditions to proposed permit to mitigate potential environmental impacts.
• Submit complete and correct application package and proposed permit to Board.
• Include required LEA CEQA finding with proposed permit.

Required LEA/EA CEQA Finding 

Full permit: the LEA must make the following written finding prior to submittal of a new or revised proposed permit:

"The proposed permit is consistent with, and supported by, existing CEQA analysis." Title 27, Section 21650.

Standardized permits: if evidence of CEQA compliance has not previously been submitted, evidence must be received within 15 days of acceptance of the application. Title 14, Section 18105.2(g), (h)

Example: The LEA CEQA finding should support the proposed permit by including, at a minimum, the following information:

• A statement that the LEA has reviewed the CEQA document(s).
• References to all environmental documents and amendments that support this finding, including: title of environmental document, approving agency, date of approval, and State Clearinghouse number (SCH#).
• Finding language: "The proposed permit is consistent with, and supported by existing CEQA analysis." 
• Signed and dated by LEA.

Sample/model CEQA findings will be provided on this page at a later date. If you have an example you would like to share, please send it using the e-mail link provided at the bottom of this page.

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Board Review and Finding 

Environmental Document Review Process 

The Board's environmental review staff provide the following services as a Responsible Agency:

• Provide guidance to LEAs and local planning agencies.
• Conduct site visits.
• Attend local hearings.
• Attend scoping meetings.
• Provide early consultation.
• Comment on draft environmental document.
• Review final environmental document and response to comments.

Proposed Permit Package Review Process

• Receipt of complete and correct application and proposed permit package.
• Compare final environmental document with proposed (or draft) permit.
• Prepare analysis and recommendation for agenda item.
• Board members concur or object.
• Prepare and submit Notice of Determination (NOD) to State Clearinghouse.

Board Agenda Item Language

For full and standardized permits, the following introductory statement is used by Board staff in the CEQA analysis section of the permit agenda item:

"For a project subject to CEQA, State law requires evidence of compliance with the California Environmental Quality Act (CEQA); either through the preparation, circulation, and adoption/certification of an environmental document; or by determining that the proposal is categorically or statutorily exempt prior to project approval."

The agenda item also contains a chronological reference to all environmental documents prepared for the project. You can browse recent permit agenda items at the Board's meeting agenda and documents page.

Board Resolution

Board staff must make the following determination prior to recommending concurrence in the issuance of a proposed permit:

"The final CEQA documentation is adequate for the Board's evaluation of the proposed project for those project activities which are within this agency's expertise and/or powers, or which are required to be carried out or approved by the Board."

This finding is documented in the approved resolution if the Board concurs in the issuance of the permit.

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CEQA Resources

CIWMB

• Board's CEQA Toolbox
• Staff contacts list
• Top 10 CEQA problems (CIWMB Spring 2000 CEQA training)
• LEA Advisory No. 36: CEQA Cumulative Impact Analysis
• LEA Advisory No. 22: Changes in Design or Operation and CEQA Compliance

Other

• California Resource Agency's CEQA page
• CEQA Guidelines (Resources Agency)
• Interactive CEQA Flowchart (Resources Agency)
• CEQA Definitions (Resources Agency)
• Governor's Office of Planning and Research (State Clearinghouse)
• CEQA Forms and Publications (State Clearinghouse)

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Last updated: October 30, 2007