Regulations: Title 27, Environmental Protection--Division 2, Solid Waste

Chapter 4. Documentation and Reporting For Regulatory Tiers, Permits, WDRs, and Plans

Subchapter 3. Development of Waste Discharge Requirements (WDRs) and Solid Waste Facility Permits

Article 3. CIWMB--Enforcement Agency (EA) Requirements

(a) Upon its receipt, the EA shall stamp the application package with the date of receipt. The EA shall examine the application package to determine whether it meets the requirements of §21570. If the EA finds the package meets the requirements of §21570, the application package shall be accepted and stamped with the date of acceptance. Notwithstanding any other provision of this division, the application package shall be deemed filed on the date of acceptance.

(b) The EA shall either accept or reject the application package within thirty days of its receipt.

(c) Within five days of filing, the EA shall notify the CIWMB, and the RWQCB if applicable, of its determination. The EA shall submit as its notification to the CIWMB a copy of the accepted application form. The EA shall also forward a copy of the application form to the RWQCB if applicable.

(d) If the EA determines that the application package does not meet the requirements of §21570, it shall reject and not file the application, and it shall, within five days of determination, so notify the applicant, the CIWMB, and the RWQCB if applicable, enumerating the grounds for rejection. The EA shall include in its notification to the CIWMB a copy of the rejected application form. The application package, together with the notice of rejection, shall be kept in the EA's file.

(e) After acceptance of an application for a new or revised full solid waste facilities permit as complete and correct and within 60 days of receipt of the application by the EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as required by §21660.3 after finding the permit application complete and correct and within 60 days of receipt of the application by the EA.

(f) Upon request of the applicant, the EA may accept an incomplete application package. As a condition of acceptance, the operator and the EA shall waive the statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is the section for processing the applicant’s waiver of timeframes and timing for noticing and holding an informational meeting after the EA deems a previously submitted incomplete package to be complete.] The EA shall notify the applicant within 30 days if the applicant's request for review under this subsection has been accepted. If the application package does not conform with the requirements of §21570 within 180 days from the date of the EA agreeing to accept the package as incomplete the EA shall reject the application package, pursuant to ¶(d). If the EA finds the application package meets the requirements of §21570, the application package shall be accepted pursuant to ¶(c).

(g) No later than 60 days after the application package has been accepted as complete and correct and after conducting an informational meeting if required by §§21660.2 and 21660.3, the EA shall mail to the CIWMB the following:

(1) A copy of the proposed solid waste facilities permit;

(2) The accepted application package;

(3) A certification from the EA that the solid waste facilities permit application package is complete and correct, including a statement that the RFI meets the requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 18227.

(4) Documentation, if applicable, of the applicant's compliance with any RWQCB enforcement order or the status of the applicant's WDRs, as described in Public Resources Code §44009;

(5) Any written public comments received on a pending application and a summary of comments received at the informational meeting and, where applicable, any steps taken by the EA relative to those comments. Subsequent to the transmittal of the proposed solid waste facilities permit, the EA shall, within five (5) days of receipt, provide a copy of any additional written public comments to the CIWMB.

(6) A solid waste facilities permit review report which has been prepared pursuant to §21675, within the last five years.

(7) EA finding that the proposed solid waste facilities permit is consistent with and is supported by existing CEQA analysis, or information regarding the progress toward CEQA compliance.

(h) At the time the EA submits the proposed solid waste facilities permit to the CIWMB, the EA shall submit a copy of the proposed solid waste facilities permit to the applicant, the RWQCB if applicable, and any person so requesting in writing. The copy of the proposed solid waste facilities permit provided to the applicant shall also be accompanied by a form for request for hearing, which the applicant may use to obtain a hearing before a hearing panel or hearing officer to challenge any condition in the solid waste facilities permit. In cases where a hearing panel or hearing officer may be requested, the EA shall notify the CIWMB within seven days of being noticed by the operator.

(i) The proposed solid waste facilities permit shall contain the EA's conditions. The proposed solid waste facilities permit shall not contain conditions pertaining solely to air or water quality, nor shall the conditions conflict with conditions from WDRs issued by the RWQCB.

(a) If the EA determines that the amendment submitted pursuant to §21610 fundamentally alters the nature of the application, which requires evaluation, within twenty days of the filing of the amendment, the EA may deem the amendment a new application. This amendment will supersede the previous application and incorporating unamended portions of the previous application, in which case the time for the EA to act on the amendment shall be computed from the date of filing of the amendment. Any such determination by the EA shall be documented within five days of the determination by written notice to the applicant.

(b) If the amendment is submitted to the EA eleven days or more after the date the EA has stamped the package as received, the 30 day review period may be extended as long as the EA still complies with (a).

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code.

Reference:
Sections 43103, 44001-44006, Public Resources Code.

This Section discusses the requirements for giving public notice and conducting informational meetings as defined in §21563(d)(4) when an application for an RFI amendment, modified solid waste facilities permit, revised solid waste facilities permit, or new solid waste facilities permit is submitted to an EA for consideration. Because the processing time for RFI amendments is less than it is for permits, the noticing requirements for RFI amendments are addressed separately from modified, revised, and new solid waste facilities permits, which are addressed together. For new and revised full solid waste facilities permits there are additional requirements for conducting an informational meeting. Under ¶(b) below is an index locator of the specific subsections of specific solid waste facilities permit applications.

(a) The following provisions shall be applied to applications for new solid waste facilities permits, revised and modified solid waste facilities permits, and RFI amendments.

(1) The EA shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.

(2) Within 5 days after the EA approves the RFI amendment and within 5 days from the EA receiving the application for new, revised, and modified permits, the EA shall mail written notice of the approval of the RFI amendment or written notice of the receipt of an application for a new, revised, or modified permit to every person who has submitted a written request for such notice.

(3) Written public comments on an application shall be retained by the EA.

(b) Specific provisions to the content of notices, distribution and publishing of notices, and informational meetings may be found in subsequent sections as follows:

Content of Notice for RFI Amendment Applications--§21660.1(a)

Publication of Notice for RFI Amendment Applications--§21660.1(b)

Informational Meeting for New and Revised Full Solid Waste Facilities Permit Applications--§21660.2

Contents of Notice of New, Revised, and Modified Permit Applications and EA Conducted Informational Meeting--§21660.3(a)

Notice Distribution for New, Revised, and Modified Permit Applications and EA Conducted Informational Meeting--§21660.3(b)

Substitute Meetings in Place of EA-Conducted Informational Meetings--§21660.4

Content of Notice of New and Revised Full Permit Applications Using Substitute Meeting or Hearing--§21660.4(a)

Notice Distribution of New and Revised Full Permit Application Using Substituted Meeting or Hearing--§21660.4(b)

Note:

(a) Content of Notice for RFI Amendment Applications

At a minimum, the public notice prepared pursuant to §21660.1(b) for RFI amendment applications approved by the EA shall include the following information:

(1) Name and location of facility applying for the RFI amendment.

(2) Solid waste facilities permit/facility number.

(3) Date RFI amendment application was received by the EA.

(4) Description of the change proposed as an RFI amendment.

(5) Date the EA approved the RFI amendment and the EA findings pursuant to §21665(c).

(6) Information on the availability of appeals to challenge the EA's approval of the RFI amendment pursuant to Public Resources Code §44307.

(7) Statement indicating where additional information about the approved application is available.

(8) EA and operator contact information.

(b) Publication of Notice for RFI Amendment Applications

In addition to the EA requirements in §21660(a), the operator shall prepare within 5 days after the EA approves the application and post for at least 10 days a temporary notice at the facility entrance that meets the requirements of §21660.1(a); in addition the EA shall ensure that notices are distributed for RFI amendment applications as specified below that contain information pursuant to §21660.1(a). The publication (in hard copy or electronically) shall occur for at least 10 days at one or more of the following locations within 5 days after the EA approves the application:

(1) Posting of notice prepared and posted by the EA on EA's or the Local Jurisdiction's public notice board, if one exists, or

(2) Posting of notice prepared by the EA and posted by the operator on facility's web site, if one exists, or

(3) Posting of notice prepared and posted by the EA on EA's web site, if one exists, or

(4) Posting of notice prepared by the EA and posted by the Board on the Board's web site, provided that the Board receives a copy of the notice 3 days after the EA approves the application in order to allow the Board time for processing and posting of the notice.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 43103, 44004 and 44012, Public Resources Code.

(a) EA shall conduct an informational meeting for all new and revised full solid waste facilities permit applications as determined by §21665. The EA shall hold an informational meeting on an application for a new full solid waste facilities permit or an application for a full solid waste facilities permit revision required under this Article. The EA may require the operator(s) of the facility or facilities that are the subject of the informational meeting to pay all costs incurred by the EA in connection with the meeting. The informational meeting may be combined with another public meeting in which the EA participates that meets the criteria as specified in §§21660.2(b) and 21660.2(c).

(b) The informational meeting shall be held after acceptance of the application package as complete and correct by the EA and within 60 days of receipt of the application by the EA. The EA shall submit to the Board a copy of the informational meeting notice at time of issuance. The Board shall post the notice on its web site as a way to further inform the public.

(c) The informational meeting shall meet the following criteria:

(1) The meeting shall be held in a suitable location not more than one (1) mile from the facility that is the subject of the meeting; if no suitable and available location exists within one (1) mile of the facility, as determined by the EA, the EA may designate an alternative suitable location that is as close to the facility as reasonably practical.

(2) The meeting shall be held on a day and at a time that the EA determines will enable attendance by residents living in the vicinity of the facility that is the subject of the meeting.

(3) EAs may undertake additional measures to increase public notice and to encourage attendance by any persons who may be interested in the facility that is the subject of the meeting, including but not limited to additional posting at the facility entrance, noticing beyond 300 feet if the nearest residence or business is not within 300 feet of the site, posting in a local newspaper of general circulation, and multilingual notice and translation, and multiple meeting dates, times and locations.

(d) The EA may substitute a previous public meeting or hearing for the requirements in this Section pursuant to §21660.4 if the applicant does not object.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 43103, 43213, 44004, and 44012, Public Resources Code.

(a) Contents of Notice of New, Revised and Modified Permit Applications and EA-Conducted Informational Meeting

The public notice prepared pursuant to §21660.3(b) for new, revised or modified solid waste facilities permit applications shall include the following information:

(1) Name and location of the facility or proposed facility.

(2) Solid waste facilities permit/facility number (for existing permits).

(3) Purpose of the public informational meeting for new and revised full permits.

(4) Date the EA accepted the solid waste facilities permit modification/revision/new permit application.

(5) Description of the solid waste facilities permit modification/revision(s)/new permit.

(6) EA's preliminary determination pursuant to §21665 for modified and revised permits.

(7) Statement indicating where additional information about the application is available (date, time, and location) for public review.

(8) Date, time location of the public informational meeting for new and revised full permits.

(9) Options for submitting comments.

(10) Information on the availability of appeals to challenge the EA's issuance of denial of a modified, revised, or new permit pursuant to Public Resources Code §44307.

(11) EA and operator contact information.

(b) Notice Distribution for New, Revised and Modified Permit Applications and EA-Conducted Informational Meeting

In addition to the requirements in §21660(a) the EA shall prepare a meeting notice that contains information pursuant to §21660.3(a) and distribute the notice as follows:

(1) Posting of notice prepared and posted by the EA on the EA's or the local jurisdiction's public notice board, if one exists, and

(2)

(A) For new, revised and modified full permits, the EA shall post the notice in the manner set forth in Government Code §65091, subdivisions (a)-(c), inclusive and with Public Resources Code §44004, subdivisions (h)(1)(A-C). The EA shall post the notice after finding the permit application complete and correct and within 60 days of receipt of the application by the EA pursuant to §21650.

(B) For new registration and standardized permits, the EA shall post the notice in the manner set forth in Government Code §65091, subdivisions (a)-(c), inclusive and with Public Resources Code §44004, subdivisions (h)(1)(A-C), except the EA shall post the notice within 5 days after finding the permit application complete and correct pursuant to §18104.2 for registration and §18105.2 for standardized.

(3) For new and revised full permits, the EA shall mail or deliver the notice 10 days prior to the date of the informational meeting to the governing body of the jurisdiction within which the facility is located and to the State Assembly Member and the State Senator in whose districts the facility is located.

(4) The EA may undertake additional measures to increase public notice and, for new and revised full permits, to encourage attendance by any persons who may be interested in the facility that is the subject of the informational meeting. These additional measures include but are not limited to additional posting at the facility entrance, noticing beyond 300 feet if the nearest residence or business in not within 300 feet of the site, posting in a local newspaper of general circulation, and multilingual notice and translation, and multiple meeting dates, times and locations.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 43103, 44004, and 44012, Public Resources Code.

The EA may substitute the meeting required under §21660.2 with a previously held public meeting on the same project, as described in the solid waste facilities permit application package and associated CEQA documents, if the public meeting took place within one year prior to the date the EA accepted the application as complete and correct, and the applicant does note object. In order for this substitution to be valid, the EA must have been involved in the previously held meeting to the degree of being present, recognized by the presider of the meeting, and available to answer questions regarding solid waste facilities permitting specifications from the public, other entities, or officials in attendance at the meeting.

(a) Content of Notice of New and Revised Full Permit Applications Using Substituted Meeting or Hearing

When a previously held public meeting is to be used to substitute for the meeting requirements in §21660.2 the EA shall prepare and distribute a notice pursuant to §21660.4(b) regarding the application for a new or revised full solid waste facilities permit as follows:

(1) Name and location of the facility or proposed facility.

(2) Solid waste facilities permit/facility number (for existing permits).

(3) Date and purpose of previously held public informational meeting.

(4) Date the EA accepted the solid waste facilities permit revision/new full permit application.

(5) Description of the solid waste facilities permit revision(s)/new full permit.

(6) EA's preliminary determination pursuant to §21665.

(7) Statement indicating where additional information about the application is available (date, time, and location) for public review.

(8) Options for submitting comments.

(9) Information on the availability of appeals to challenge the EA's issuance of denial of a revised or new permit pursuant to Public Resources Code §44307.

(10) EA and operator contact information.

(b) Notice Distribution for New and Revised Full Permit Application for Substituted Meeting or Hearing

In addition to the requirements in §21660(a) the EA shall prepare a notice that contains information pursuant to §21660.4(a) and distribute the notice as follows:

(1) Posting of notice prepared and posted by the EA on the EA's or the local jurisdiction's public notice board, if one exists, and

(2) 10 days prior to the EA making a final determination, the EA shall post the notice in the manner set forth in Government Code §65091, subdivisions (a)-(c), inclusive and with Public Resources Code §44004, subdivisions (h)(1)(A-C), and

(3) 10 days prior to the EA making a final determination, the EA shall mail or deliver the notice to the governing body of the jurisdiction within which the facility is located and to the State Assembly Member and State Senator in whose districts the facility is located, and

(4) The EA may undertake additional measures to increase public notice to any persons who may be interested in the application, including but not limited to additional posting at the facility entrance, noticing beyond 300 feet if the nearest residence or business in not within 300 feet of the site, posting in a local newspaper of general circulations, and multilingual notice.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 43103, 44004, and 44012, Public Resources Code.

(a) Upon compliance with the CEQA and this article, and upon the concurrence of the CIWMB for new and revised solid waste facilities permits, and the Executive Director of the CIWMB for modified solid waste facilities permits, the EA shall issue the solid waste facilities permit as provided in Public Resources Code §44014. The solid waste facilities permit shall specify the person authorized to operate the facility and the boundaries of the facility. The solid waste facilities permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the EA the ability to control the adverse environmental effects of the facility.

(1) As used herein, "design" means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site [or total throughput rate of a transfer/processing station, transformation facility, or composting facility] vehicular traffic flow, and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility’s physical configuration.

(2) As used herein, "operation" means the procedures, personnel, and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code.

Reference:
Sections 43103, 44021, and 44014, Public Resources Code.

(a) The applicant shall submit an application package pursuant to §§21570 and 21600, or 14 CCR §§18221.6, 18223.5, 18227, or 17863.4 to the EA. The submittal shall contain only those items listed in §21570(f) that have changed, are proposed for change or as otherwise specified by the EA.

(b) The EA shall review the applicant’s proposed change to determine if such a change qualifies as an amendment(s) to the RFI or is the basis for changes in the solid waste facilities permit in which case the EA shall determine if the proposed change will require a solid waste facilities permit modification or a solid waste facilities permit revision pursuant to the provisions provided in §21665 (c), (d), and (e) as follows:

(1) RFI Amendment(s) - ¶(c)

(2) Modified Solid Waste Facilities Permit - ¶(d)

(3) Revised Solid Waste Facilities Permit - ¶(e)

(c) RFI Amendment(s)--The EA may approve and file the proposed change as an amendment(s) to the RFI without revising or modifying the solid waste facilities permit if all of the following criteria are met:

(1) the EA finds that the proposed change is consistent with all applicable certified and/or adopted CEQA documents in that no subsequent EIR or Negative Declaration or supplemental EIR is warranted puruant to Title 14, Chapter 3, Article 11, §§15162 or 15163, or if the EA finds the change being requested is exempt from the requirements of CEQA pursuant to Title 14, Chapter 3, Article 5, §§15060 and 15061;

(2) the EA has deemed the proposed change acceptable and consistent with, but not limited to, State minimum standards pursuant to Chapter 3 of this subdivision or applicable minimum standards in Title 14 (commencing with §17200), and including financial assurances and operating liability criteria pursuant to Chapter 6 of this subdivision if applicable; and

(3) the EA finds the changes do not conflict with the terms and conditions in the current solid waste facilities permit.

(d) Modified Solid Waste Facilities Permit--The EA may determine that the proposed change qualifies as a modified solid waste facilities permit if the proposed change does not meet all the criteria specified under ¶(c) and meets either of the following criteria:

(1) the EA determines that the proposed change is a nonmaterial change as specified in §21563(d)(5), or

(2) the EA determines that the proposed change is such that the solid waste facilities permit does not need 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.

(e) Revised Solid Waste Facilities Permit--The EA shall determine that the proposed change is a significant change as defined in §21563(d)(6) and requires a revised solid waste facilities permit if the proposed change does not meet the criteria for an RFI Amendment as specified under ¶(c) or a modified solid waste facilities permit as specified under ¶(d).

Note: To help the affected public more readily understand the process used by the EA to determine whether a proposed change qualifies as an RFI amendment, modified solid waste facilities permit, or revised solid waste facilities permit, a decision tree is provided below; this diagram does not supplant any of these regulations:

Note:

Authority Cited:
Sections 40502,43020, and 43021, Public Resources Code.

Reference: 
Sections 43103, 44004 and 44012, Public Resources Code.

(a) The EA shall determine if the RFI amendment(s) meet the requirements of §21665(c) within 30 days of receipt and either accept or reject some or all of the amendments(s).

(b) Within 5 days of acceptance for filing of the RFI amendments application package, the EA shall notify the operator, the CIWMB and the RWQCB, if applicable, of its determination. The EA shall include in their notification to the CIWMB, a copy of the accepted RFI amendment(s), and a copy of the application form specified in §21570 along with the EA determination specified in ¶(a).

[Note: Submittal of an Application Form in §21666 is for tracking purposes.]

(c) In cases where some or all of the amendment(s) do not follow the criteria set in §21665(c), the EA may either require the operator to submit an application for a modified or revised solid waste facilities permit pursuant to §21570, or deny the proposed amendment(s), in which case the applicant shall have thirty (30) days within which to appeal the decision to the hearing panel.

Note:

Authority Cited:
Sections 40502 and 43200, Public Resources Code.

Reference:
Sections 43103, 44012 and 44014, Public Resources Code.

(a) The EA shall review the submitted notification prescribed in §21630 and any available records to determine if the current and anticipated operators/owners have provided the required information and that the facility is and will be able to operate within the terms and conditions of their permit and RFI. If the anticipated operator/owner has satisfied all of the requirements and the EA has obtained a written confirmation from the CIWMB that the anticipated owner/operator has complied with PRC §43040 and §43600, the EA shall notify the operator and CIWMB within 30 days of receipt of the notification. Then, the EA has 15 days (from informing the operator and CIWMB that the notification was adequate) to send the operator and CIWMB a copy of the changed permit, to reflect the changes in the name of the owner, operator and / or facility name. This section does not authorize the EA to change any other aspect of the SWFP, including the issuance date or permit review date.

(b) If the EA determines that the operator/owner has not provided adequate documentation or if the EA has reason to believe that the anticipated operator or owner will be operating outside the terms and conditions of the governing SWFP, the EA shall inform the operator and the CIWMB, in writing, within 30 days of receipt of the notification. The EA shall provide the basis for the notification being determined inadequate.

(c) Any information provided pursuant to (a) shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs.

(d) This action will not take the place of a permit review or revision pursuant to §§21620 or 21640.

(e) Every operator of a solid waste facility, and every owner of property on which a facility is located shall notify the EA and the CIWMB of each change of address. The EA shall keep this information on file.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 6255, Government Code; and Sections 43020, 43021, 43103 and 43000-45802, Public Resources Code.

(a) Except as provided in §21680, all full solid waste facilities permits shall be reviewed and if necessary modified or revised, from the date of last issuance at least once every five years. The EA shall give the operator notice of the five year review no less than 180 days before it is due.

(b) The EA shall review the operator's submittal in accordance with §21640 and prepare a solid waste facilities permit review report.

(1) The solid waste facilities permit review report shall include documentation that the following have been reviewed: the operator's submittal pursuant to §21640(b), the current solid waste facilities permit and conditioning documents, all RFI amendments since the last solid waste facilities permit review, the CEQA, and any other information in the record to identify any changes.

(2) The solid waste facilities permit review report shall determine any actions required by the operator.

(c) A copy of the solid waste facilities permit review report shall be submitted to the CIWMB within 150 days from receipt of the application for solid waste facilities permit review.

Note:

Authority Cited:
Sections 40502 and 43020, Public Resources Code.

Reference:
Section 43103 and 44015, Public Resources Code.

(a) If a permit has been suspended, it is reinstated without further action on the date specified in the suspension or upon completion of specified acts. A suspended permit shall be due for review five years after its original issuance or last review or revision, including the period of suspension.

(b) If a permit has been revoked, it may be reinstated by application, no less than one year after the effective date of the revocation and no less than one year after any similar application. Such an application shall be made in the manner specified in §21570 and shall be handled in the same manner as an application for a new permit; however, nothing in this section is intended to prevent the EA, hearing panel or hearing officer, or CIWMB from considering the revocation and grounds therefor in reviewing the application. A permit reinstated after revocation shall be due for review five years after its reinstatement.

(c) No less than one year after the effective date of the revocation and no less than one year after any similar petition, a person whose permit has been revoked may petition the EA for reduction of the penalty. If the petition is denied, the person is entitled to a hearing before the hearing panel or hearing officer.

[Comment: Suspension of a permit is a punitive or remedial action not intended to deprive the permit holder indefinitely of the right to operate. Revocation of a permit, a more severe action, closes the facility for at least one year, at the end of which the holder of the revoked permit may apply for reinstatement in the same manner as one applies for a permit for a new facility.]

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code.

Reference:
Sections 43103, 44500-44503 and 44817, Public Resources Code.

Article 3.1. CIWMB--CIWMB Requirements

(a) The CIWMB shall stamp the proposed solid waste facilities permit with the date of receipt at the time the envelope is opened. The CIWMB shall consider each proposed solid waste facilities permit, any public testimony, and comments. Written comments may be submitted to the CIWMB and will become part of the CIWMB record. Such written comments shall be made available to the EA.

(b) The CIWMB shall not concur in issuance of the proposed solid waste facilities permit for new and revised solid waste facilities permits, and the Executive Director of the CIWMB for modified solid waste facilities permits, if the following information, if applicable, has not been submitted to the EA and the CIWMB pursuant to Public Resources Code §44009:

(1) Complete and correct Report of Facility Information as certified by the EA,

(2) EA's Solid Waste Facilities Permit Review Report pursuant to §21675,

(3) EA's proposed solid waste facilities permit written pursuant to this Subchapter.

(4)

(A) Information that the facility is identified and described in or conforms with the County Solid Waste Management Plan (Public Resources Code §50000); and that the facility is consistent with the city or county General Plan and compatible with surrounding land use, in accordance with Public Resources Code §50000.5; or

(B) After a countywide or regional agency integrated waste management plan has been approved by the CIWMB, the EA's finding that the facility has met the requirements of Public Resources Code §50001.

(5) Documentation sufficient for the CIWMB to deem that a Preliminary or Final Closure/Postclosure Maintenance Plan is consistent with closure and postclosure maintenance state minimum standards (including, but not limited to, Chapters 3 and 4) for those portions of the plan subject to CIWMB jurisdiction, if applicable;

(i) For closure plans submitted as part of a JTD, the determination whether the plans are consistent with state minimum standards shall be made within 60 days of the plans being considered complete pursuant to §21860(c).

(ii) This preliminary determination shall constitute the staff recommendation for the Board consideration of concurrence with a solid waste facilities permit unless the application package, of which the JTD was a part, is amended or modified.

(iii) This determination is solely for the Board consideration of concurrence with a solid waste facilities permit and does not constitute any final determination for the closure plans review process pursuant to §21860.

(6)

(A) Current documentation of acceptable funding levels for Financial Assurances Documentation in accordance with Chapter 6, if applicable; and

(B) Current documentation of compliance with Operating Liability Requirements, if applicable (Chapter 6).

(7) The CIWMB shall ensure the facility is operating consistent with State Minimum Standards, pursuant to Subchapter 4 of Chapter 3 of this subdivision or applicable minimum standards in Title 14 (§17200 et seq.),

(8) The EA finding that existing CEQA documentation is consistent with and supports the proposed solid waste facilities permit and RFI or supporting information indicating the EA has found that approval of the proposed solid waste facilities permit would not lead to any adverse environmental impacts and is exempt from the requirements of CEQA.

(c) The CIWMB, with respect to new and revised solid waste facilities permits, and the Executive Director of the CIWMB, with respect to modified solid waste facilities permits, shall either concur or object to the issuance of the proposed solid waste facilities permit within sixty days of receipt, except as authorized by Public Resources Code §44009, or by operator’s consent. If the CIWMB or Executive Director objects to a proposed solid waste facilities permit, it shall accompany its objection with an explanation of its action, which may suggest conditions or other amendments that may render the proposed solid waste facilities permit unobjectionable; however, such suggestions do not constitute approval of the proposed permit subject to incorporation of the suggestions. The Executive Director shall report to the CIWMB on his or her concurrence or denial of modified permits at its next regularly scheduled meeting or via a memo, and post this information on the CIWMB's web site or agenda.

(d) For the purposes of CIWMB's determination to concur in or to object to a proposed permit pursuant to ¶(c) above, a facility that has landfill decomposition gases exceeding the compliance  levels in §§20919.5 or 20921, or at which a hazard or nuisance may exist pursuant to §20919, shall be considered to be consistent with State Minimum Standards specified in §§20919, 20919.5, and 20921 for purposes of ¶(b)(8) of this section if all of the following requirements have been satisfied with respect to the facility (for the purpose of this subsection, "facility" includes "disposal site"):

(1) The operator shall have delivered all notices to the EA and owner as required by §§20919, 20919.5, and 20937 as applicable.

(A) The site-specific compliance level applicable to the facility shall be lesser of that specified in (i) the facility's JTD/RFI, closure and postclosure maintenance plans, or the permit for the facility, or (ii) shall be the levels specified in §§20919.5 or 20921, as applicable.

(B) The facility's compliance boundary for landfill decomposition gas migration shall be the permitted facility boundary or other alternate boundary within the permitted facility boundary approved by the EA.

(2) The EA shall have forwarded to the CIWMB all notifications received pursuant to ¶(d)(1) above.

(3) Landfill gas monitoring has been and is being conducted at least monthly, at a minimum, after notice to the EA and shall continue until the operator has complied with the enforcement order issued pursuant to ¶(d)(6) below.

(4) The EA has determined that landfill gas decomposition gas generated by the facility does not constitute an imminent and substantial threat to public health and safety or the environment.

(A) For purposes of this section, an imminent and substantial threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the harm to persons, property, natural resources, or the public health or safety.

(5) The EA has determined that to come into compliance with §§20919, 20919.5, and 20921 it will take the operator longer than 90 days due to the time it takes to plan and implement appropriate corrective measures.

(6) The facility is operating under an enforcement order issued to the operator and which meets all of the following requirements:

(A) The order was issue pursuant to 14 CCR §18304.1(a)(3) and includes a compliance schedule for bringing the facility into compliance with §§20919, 20919.5, and 20921.

(B) A final order has been issued pursuant to 14 CCR §18304.2.

(C) A copy of the proposed order and any amended order proposed by the EA was provided to the CIWMB for review and comment prior to its issuance.

(7) The EA has reviewed and approved and the CIWMB has reviewed all investigation reports or results, proposed workplans, or proposed gas mitigation measures submitted pursuant to the enforcement order issued pursuant to ¶(d)(6).

(A) If possible, all parties shall mutually agree to time frames for EA and CIWMB review of the submitted documents so that all reviews can be completed expeditiously. In the event agreement cannot be reached, the EA and CIWMB shall determine the schedules for their review.

(8) The operator is in compliance with the approved gas mitigation measures or workplan approved by the EA and specified in the enforcement order.

(A) If the operator fails to comply with the enforcement order, the EA shall, as necessary and appropriate:

(i) Take additional enforcement action, which may include the imposition of administrative civil penalties in an amount from one hundred dollars ($100) up to five thousand dollars ($5,000) for each day on which a violation occurs pursuant to §45011 of the Public Resources Code, or

(ii) Take direct cleanup action pursuant to an appropriate enforcement order.

(B) If the EA fails to take appropriate enforcement action as specified in 14 CCR §18084(d), CIWMB may take enforcement action pursuant to 14 CCR §18350.

(C) If the CIWMB takes enforcement action in lieu of the EA, any required public hearing shall be conducted by the CIWMB Executive Director or his/her designee.

(9) For facilities that propose a facility property boundary expansion, a footprint expansion, or any other increase in facility capacity as part of the permit application, investigations or analyses respecting landfill decomposition gases at the facility must have been conducted by the operator prior to the submittal of the permit application to the EA and the results of such investigations and analyses shall be submitted to the EA, CIWMB, RWQCB, APCD/AQMD, and any other appropriate agency prior to or concurrent with the permit application:

(A) The investigations or analyses shall evaluate:

(i) Whether the proposed expansion may increase the magnitude or complexity of the noncompliance with §§20919, 20919.5, and 20921.

(ii) Whether the proposed expansion may cause potential impacts to water quality and air quality or other impacts outside the jurisdiction of the EA.

(B) If the results of the investigations and analyses conducted pursuant to ¶(d)(9)(A)(i) warrant, the operator shall include an analysis and additional feasible control measures as part of the gas mitigation measures or workplan specified in the order required by ¶(d)(6)

(e) If an applicant or enforcement agency requests that revisions, additions or amendments be considered, these will be considered in accordance with the conditions specified in §21580 and ¶(f) of §21650 respectively.

Note:

Authority cited: 
Sections 40502 and 43020, Public Resources Code.

Reference:
Sections 43103, 44007-44010, and 44014, Public Resources Code.

Within 20 days of receipt of the notification pursuant to §21630, the CIWMB shall provide a written determination of the adequacy of the financial assurances and operating liability.

Note:

Authority cited: 
Sections 40502 and 43020, Public Resources Code. 

Reference: 
Sections 43103, 44007-44010, and 44014, Public Resources Code.

Article 3.2. CIWMB--Other Requirements

CIWMB--Report of Woodwaste Disposal Site Information. [Reserved]

Last updated: March 21, 2008