Local Enforcement Agency Permit Toolbox

Five-Year Permit Review

This page describes the process for conducting the five-year permit review for a solid waste facility permit and provides resources for completing the review process. The process for reviewing full permits is different and separate from the process for reviewing standardized and registration permits.

• Full Permit Review Process
• Standardized Permit Review Process
• Registration Permit Review Process
• Resources

All issued solid waste facility permits, including full, standardized, and registration tiers, are required to be reviewed and, if necessary, revised at least once every five years [Section 44015 of the Public Resources Code (PRC)]. The Notification Tier is not a permit and, therefore is not required to meet this standard.

The purpose of the permit review is to document any changes in design and operation since the permit was issued, or since the permit was last revised, modified, or reviewed. The permit review should especially note any significant or unauthorized changes that are planned or have occurred at the facility.

Note: This Web page has been updated to reflect the Permit Implementation Regulations which are effective on April 13, 2007. Newly inserted text is shown with a shaded background.

Full Permit Review Process

Summary 

• Local Enforcement Agency (LEA) notifies the operator of pending permit review.
• Operator submits application for permit review and other required documents.
• LEA reviews permit and relevant documentation.
• LEA submits permit review report and directives to operator and copies the CIWMB.

Regulatory Requirements

• The operator requirements are described in Title 27, Section 21640.
• The LEA requirements are described in Title 27, Section 21675.
• The statutory requirement are described in Section 44015 of the Public Resources Code (PRC).

LEA Notification

The LEA is required to notify the operator at least 180 days prior to the full permit review due date (about 6 months before the five-year anniversary of the permit issue date).

• See LEA Advisory No. 24 for more information on when a Permit Review Report is due.
• The LEA can download a sample notification letter for use when notifying the operator.
• A copy of the Solid Waste Facility Permit Application should be included with the notification letter.
• The notification letter should be copied to the Board's Permitting and Inspection Branch.

Operator Application

The operator is required to submit a Solid Waste Facility Permit Application  (Form E-1-77) at least 150 days before the permit is due for review. 

• See LEA Advisory No. 24 for more information on when a Permit Review Report is due.
• The application for permit review shall be made in the manner specified in Title 27, Section 21570 (operator filing requirements) and Title 27, Section 21590 (RFI Requirements). 
• Also see the "Laundry List" for a list of documents that may required to be included with the full permit application form.

Finally, the application for permit review should:

• Identify the proposed changes in design and operation; and 
• Include updated amendments to the Report of Facility Information (RFI); and
• For disposal sites only, include an estimate of the remaining site life and capacity.
• For disposal sites only, Title 27, Section 21865 requires any amendments to the closure and postclosure maintenance plans to be submitted with the permit review.

Note: Effective April 13, 2007, the operator is required to send a copy of the application for permit review to the Director of the local land use planning agency.

LEA Review

The purpose of the permit review is to document any changes in design and operation since the permit was issued, or since the permit was last revised or reviewed. The permit review should especially note any significant or unauthorized changes that are planned or have occurred at the facility.

• LEA Advisory No.21 contains guidance for documenting the LEA findings and conclusions in a Permit Review Report.
• A Full Permit Review Report Form (Word 6.0/95, 51KB or PDF, 113 KB) is available for use by the LEA.
• In addition to the permit, the LEA should review those items on the full permit "Laundry List", any other documents referenced by the permit, inspection reports, and other documents the LEA deems appropriate.
• Examples of completed Permit Review Reports are available for reference.
• When completed, the Permit Review Report should be submitted to the operator.
• A copy of the permit review report shall be submitted to the CIWMB within 150 days of receipt of the application for permit review.
• Please take time to look at the list of review questions to help with consideration of all potential changes in design and operation.
• During the regular permit review, the EA shall review the minor change notices and determine which should be incorporated into the RFI. [Title 27 Section 21620(a)(1)]

LEA Conclusions and Directives to Operator

Depending on the LEA's findings and conclusions, there are four possible directives that can be given to the operator/applicant:

Board Tracking

The Board maintains permit review information in its facility files and Solid Waste Information System (SWIS) database, including: notification date, application date, LEA receipt date, LEA determination, and Board receipt date.

The Board will send the LEA a verification of receipt letter when these documents are received.

Top | Full Permit Laundry List

Standardized and Registration Permit Review Process

Summary

• The LEA Integrated Waste Management Board (Board) notifies the operator of pending permit review.
• Operator submits "certification of no change" or application for new permit.
• LEA reviews documentation and processes new permit.

Regulatory Requirement

• For standardized permits, the requirements are described in Title 14, Section 18105.9.
• For registration permits, the requirements are described in Title 14, Section 18104.7.
• The attached permit review chart also documents the process for standardized permits. The process for registration permits is very similar.

LEA Board Notification

The LEA Board is required to notify the operator at least 60 days before the registration or standardized permit is due for review (about 2 month before the 5 year anniversary of the permit issue date).

• Standardized Permit Notification Letter (Word 97/2000, 150 KB)
• Registration Permit Notification Letter (Word 97/2000, 150 KB)
• A copy of the standardized permit application (Word 6.0/95, 27 KB) or the registration permit.
• The notification letter should be copied to the LEA Board.

Operator Application

Depending on the status of the site, the operator shall submit one of the following documents 35 days prior to the permit review due date:

LEA Review

The LEA will use the new application, or the certification that the facility information has not changed, to process and issue a new standardized permit or a new registration permit. The standardized permit will need to be submitted to the Board for review and concurrence.

Board Tracking

The Board maintains permit review information in the Solid Waste Information System (SWIS) database, including: notification date, application date, LEA receipt date, LEA determination, and Board receipt date.

Resources

• Statute requiring permits to be reviewed: Section 44015 of the Public Resources Code (PRC)
• Title 27, Section 21640. Review of Permits
• Full Permit Sample Notification Letter
• Standardized Permit Sample Notification Letter (MS Word, 150 KB)
• Registration Permit Sample Notification Letter (MS Word, 150 KB)
• Full Permit Review Report Form (MS Word, 51KB or PDF, 113 KB)
• Application for Permit Review, RFI Amendment, and New or Revised Full Permit (Form E-1-77)
• Standardized permit application (MS Word, 27 KB)
• Registration permit application (MS Word, 19 KB) 
• Standardized Permit Review Chart  
• Examples of completed Permit Review Reports
• Processing a Full Permit
• Processing a Standardized Permit
• Processing a Registration Permit
• LEA Advisory No. 47
• LEA Advisory No. 52
• Review questions for completing a permit review report.

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Last updated: October 30, 2007