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This Webpage provides a summary of the major changes to the Board's permitting
regulations which became effective on April 13, 2007.
Summary of Top-10 Major Changes
- Adds a definition of "Significant Change..."
- Provides a decision tree methodology for changes in design and
operation.
- Provides a list of changes that
always require a permit revision.
- Adds a process for a modified permit.
- Specifies public noticing and informational meeting requirements.
- Allows for minor changes which might not require a
permit application.
- Requires a list of public notices and
meetings
be submitted with the permit application.
- Designates LEAs as responsible for all 5-year permit review
notifications.
- Specifies random unannounced inspections.
- Clarifies the relationship between the SWFP and local land use decisions
and approvals (Requires submittal of a
copy of SWFP application to the local planning agency
rather than including the CUP with SWFP application).
More references, resources, and other changes to the regulations are available at the bottom of this page.
The regulations provide a definition of the term "significant
change in the design or operation of the solid waste facility that is not
authorized by the existing permit." This definition determines when a Solid
Waste Facilities Permit (SWFP)
needs to be revised using a methodical process in the form of a decision
tree for Enforcement Agencies (EAs) to follow when they are presented with a request by an operator
to make changes to the SWFP. The methodology provides a consistent
analytical process for EAs to use that allows EAs to consider site-specific
considerations and circumstances when determining if a proposed change is
significant and requires a revision to the permit.
"Significant Change in the design or operation of the solid waste
facility that is not authorized by the existing permit" means a
change in design or operation of a solid waste facility where the EA has
determined pursuant to
§21665 that the change is of such consequence that the solid waste
facilities permit needs to include further restrictions, prohibitions,
mitigations, terms, conditions or other measures to adequately protect
public health, public safety, ensure compliance with State minimum
standards or to protect the environment. The definition is only for
purposes of determining when a permit needs to be revised and should not
be utilized for any other purpose.
In following this process, requested changes to design and operation that
require the permit to be changed will only be deemed significant if the
EA determines that there is a need to condition or limit the new activity in
order to protect public health, safety, the environment, or ensure
compliance with state standards. It is made clear in the
definition that the term "significant change…" is only for purposes of
determining when a permit needs to be revised and should not be used for
making determinations of significance relative to potential impacts to the
environment pursuant of CEQA.
Regulations Effected:
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By applying the methodology, the EA determines how to accommodate the
changes proposed by the operator--through an RFI amendment, a modified
permit, or a revised permit. The methodology was developed to comply with AB
1497 requirements that the Board adopt regulations that define the term
"significant change…" The methodology is used by the EA to determine if a proposed
change can be approved through a report of facility information (RFI)
amendment, a modified permit, or a revised permit process.
Regulations Effected:
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Notwithstanding anything to the contrary in
Title 27, Section 21665(e), the following changes in design or operation
are considered significant and require an application for a revised permit:
- Increase in maximum amount of permitted tonnage of all waste
received.
- Increase in the facility's permitted acreage.
- Increase in the facility's permitted hours of operation.
- For landfills, increase in permitted disposal footprint and/or
permitted (final grade) maximum overall height.
For all other changes in the design or operation f a facility proposed by
the operator that do not qualify as a minor change, the EA will use the
decision tree in Section 21665 to determine if the proposed change can be
approved through an RFI amendment, modified permit, or revised permit.
Regulations Effected:
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Previously the regulations only defined one method for making any changes
to a permit, i.e., a revised permit process. During the rulemaking process,
it became apparent that there is need to define a process for changes that
do not require a permit revision, but still require the permit to be changed
to accommodate changes that are less than significant.
In the updated regulations, there are two ways a proposed permit change
can qualify as a modified permit:
First, a change can qualify for a modified permit if it is "nonmaterial" and would not result in any physical change that would alter
the approved design or operation of the facility (Section
21665(d)(1)). This is a direct way for changes that clearly qualify as a
permit modification.
Second, a change can qualify for a modified permit if it results
in a physical change to the existing design and operation of the facility,
but the EA determines no need to add to the existing permit further
restrictions, mitigations, terms or conditions to protect public health,
public safety, ensure compliance with SMS, and to protect the environment (Section
21665(d)(2)).
The regulations provide that the Board's Executive Director
would have the authority to act on behalf of the Board on modified permits.
Note: The
application form needs to be updated to include "modified
permit" as a type of application. Updating the application form,
which is located in the Appendices of Title 27, will require the
regulations to be amended in a separate new rulemaking that could take
some time. In the meantime, to submit an application for a modified
permit, applicants may change the
CIWMB E-1-77 form
before submitting it to the LEA by crossing out "revision" under "Part
1.C.2." of the form and writing in "Modification."
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The new noticing requirements for RFI amendments are less than those for
a modified, revised or new permit and consist of the operator posting a
notice at the facility entrance and the EA posting the notice on a public
notice board, EA's web site, Board's website, or operator's web site; the
notice is required to be posted within 5 days after the EA approves the
application for at least 10 days.
The new noticing requirements for modified, revised, and new (full,
registration, and standardized) permit applications are that the EA post a
notice on the EA's or local jurisdiction's public notice board, and comply
with Government Code Section 65091. Among other things, Section 65091
requires that notice of the hearing be mailed to the owners of real property
within 300 feet of the facility in question and either be posted in three
public locations (at least one of which must be directly affected by the
proposed project) or published in a newspaper of general circulation. The EA
is also allowed to take additional measures to increase public notice, such
as noticing beyond 300 feet if the nearest residence or business is not
within 300 feet, posting the notice in a local paper, and providing
multilingual notice and translation.
For new and revised full permit applications, the EA is required to
notice the governing body of the local jurisdiction where the facility is
located and the appropriate State Assembly Member and State Senator of an
upcoming informational meeting.
The regulations require the EA to conduct informational meetings
for all revised and new full permit applications, but not for registration
and standardized permits. The EA is required to submit a copy of the
informational meeting notice to the Board when the notice is issued and the
Board is required to post the notice on its
website. The EA is allowed to combine the
informational meeting with another public meeting that meets specified
criteria or to substitute the informational meeting with another meeting
that is substantially the same as the EA meeting and meets specified
criteria. The EA is required to hold a separate meeting if the
operator indicates objection to the proposed use of a substitute meeting.
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Summary of Notification and
Informational Meeting
Requirements for Changes to Existing or New Permits |
| |
New Permit |
Revised |
Modified |
RFI Amend. |
Standardized/
Registration |
Notification |
Minor Change |
| Informational Meeting |
Yes |
Yes |
No |
No |
No/No |
No |
No |
| Public Notification |
Yes |
Yes |
Yes |
Yes |
Yes/Yes |
Yes |
No |
| Board Concurrence |
Yes |
Yes
|
Yes (Exec Dir) |
No |
Yes/No |
No |
No |
| Copy Local Plan. Dept. |
Yes |
Yes |
Yes |
Yes |
Yes/Yes |
Yes |
No |
| Notice the Governing Body |
Yes |
Yes |
No |
No |
No |
No |
No |
| Notice State Assembly Member & State Senator |
Yes |
Yes |
No |
No |
No |
No |
No |
| Note: The application form for 5-year permit
review is also required to be copied to the local land use planning
agency. |
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The regulations allow operators to make minor changes without EA review,
approval or prior notice that include, but are not limited to, those listed
and that meet criteria specified in Section 21620(a)(1). These changes,
whether listed or not, are supposed to be so minor that EA review and
approval is not needed prior to the operator making the change. The operator
is required to notify the EA of the change within 30 days of making the
change. If the EA finds the change is not minor, the EA is required to
provide a written finding to the operator explaining why the change did not
qualify as a minor change and to require the operator to comply with all
applicable requirements. The could include the EA using the decision tree in
Section 21665 to determine that the change requires an amendment to the RFI,
a modified permit, or a revised permit.
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The following element has been added to the requirements for a complete
and correct application package:
"(11) List of all public hearings and other meetings open to the public
that have been held or copies of notices distributed that are applicable
to the proposed solid waste facilities permit action."
Requiring the operator to submit a list of all public notices and
meetings conducted relative to the changes being requested in the
application would improve the reporting of this information to the CIWMB and
the furthering of Environmental Justice (EJ) in the consideration of permit actions. This is
necessary to be consistent with the intent of AB 1497, which requires that
EJ concerns be considered in developing the regulations and new public
noticing and hearing requirements be implemented for permit revisions.
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Previously, this responsibility was shared by the Board and EAs. Board
staff notified operators holding registration and standardized permits; EAs
notified operators of full permits. The new standard requires the EA notify
holders of all types of permits that the permit is due for review,
bringing consistency to the permit review process.
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Previously, regulation authorized the EA to conduct inspections without
prior notice to the owner or operator during normal business hours or the
site's operating hours whenever possible, but did not require the EA to do
so, and the EA was not required to conduct the inspection on randomly
selected days. Requiring the EA to conduct random inspections, whenever
possible, is necessary to strengthen the concept that inspections should be
conducted as surprise, random inspections when possible and provides
consistency among all types of solid waste facilities and operations in
requiring random and unannounced inspections.
Regulation Updates:
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The regulations remove the requirement that a copy of the
local land use entitlement be included with the full permit application
package. Instead, the operator is now required to send a copy of the
application to the local land use planning agency for new, revised,
or modified full permits, RFI amendments, standardized and registration
permits, and 5-year permit review applications. The applicant was
already required to copy the local land use planning agency EA notifications.
Further, the regulations advise EAs that when writing permit conditions,
the EA shall take into consideration Public Resources Code Section 44012,
which requires the EA to ensure that primary consideration is given to
protecting public health and safety and the preventing environmental damage,
and the long-term protection of the environment; and the EA may also take
into consideration other permits and approvals.
Regulation Updates:
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More Resources
Other Changes to the Regulations
- LEA now has 60 days instead of 55 days to submit a proposed permit to
the Board after an application is accepted as complete and correct.
- CDI sites in the standardized and registration permit tiers no longer
require an LEA public hearing.
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