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Rulemaking Archives: AB 1220 Notice of Proposed Rulemaking |
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TITLE 14. NATURAL RESOURCES DIVISION 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD CHAPTER 3. MINIMUM STANDARDS FOR SOLID WASTE HANDLING AND DISPOSAL ARTICLE 1. GENERAL ARTICLE 2. PURPOSE AND INTENT ARTICLE 4. DEFINITIONS ARTICLE 4.5. IMPLEMENTATION OF FEDERAL MUNICIPAL SOLID WASTE LANDFILL MINIMUM STANDARDS ARTICLE 7.1. DISPOSAL SITE STANDARDS - GENERAL ARTICLE 7.2. DISPOSAL SITE SITING AND DESIGN ARTICLE 7.3. DISPOSAL SITE RECORDS ARTICLE 7.4. DISPOSAL SITE IMPROVEMENTS ARTICLE 7.5. DISPOSAL SITE OPERATIONS ARTICLE 7.6. DISPOSAL SITE CONTROLS ARTICLE 7.8. DISPOSAL SITE STANDARDS CLOSURE AND POSTCLOSURE CHAPTER 5. ENFORCEMENT OF SOLID WASTE STANDARDS AND ADMINISTRATION OF SOLID WASTE FACILITIES PERMITS; LOAN GUARANTEES ARTICLE 1. DEFINITIONS AND GENERAL PROVISIONS ARTICLE 2.1. LEA CERTIFICATION REQUIREMENTS ARTICLE 3.1. APPLICATION FOR SOLID WASTE FACILITIES PERMITS ARTICLE 3.2. REPORTS OF FACILITY INFORMATION ARTICLE 3.3. FINANCIAL RESPONSIBILITY FOR OPERATING LIABILITY CLAIMS ARTICLE 3.4. APPLICATION AND APPROVAL OF CLOSURE AND POSTCLOSURE MAINTENANCE PLANS ARTICLE 3.5. FINANCIAL RESPONSIBILITY FOR CLOSURE AND POSTCLOSURE MAINTENANCE TITLE 27. ENVIRONMENTAL PROTECTION. DIVISION 2. SOLID WASTE. (Title will be adopted by SWRCB) SUBDIVISION 1. CONSOLIDATED REGULATIONS FOR TREATMENT, STORAGE, PROCESSING OR DISPOSAL OF SOLID WASTE (Title will be adopted by SWRCB). CHAPTERS 1 - 7. The California Integrated California Waste Management Board (CIWMB) proposes to amend Title 14, California Code of Regulations (CCR), Division 7, Chapters 3 and 5, Articles as listed above. The proposed regulations would remove existing overlap, conflict, and duplication in the regulations between the CIWMB and the State Water Resources Control Board (SWRCB); and, further, the proposed regulations will minimize overlap and duplication between the CIWMB and Local Enforcement Agencies (LEAs) regarding the regulation of solid waste disposal sites. The proposed amendment would also relocate specified regulations from Title 14, Chapters 3 and 5, to Title 27, Division 2, Chapters 1 through 7, resulting in a consolidated set of regulations promulgated by the CIWMB and SWRCB for landfills and disposal sites. Regulations being retained in Title 14, Chapters 3 and 5, will be revised as needed to reflect the scope and applicability for solid waste handling, transfer and processing aspects that will remain in that Title. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments relevant to the portions of the CIWMB's proposed regulatory action to the CIWMB. Comments on the SWRCB-promulgated portion of the proposed regulatory action should be directed to the SWRCB (see accompanying Notice of Proposed Rulemaking - SWRCB). The written comment period closes at the close of the public hearing to be held on September 11, 1996. The CIWMB will only consider comments received at the CIWMB's headquarters by that time. Please submit your comments to: Sharon Anderson PUBLIC HEARING A joint SWRCB/CIWMB public hearing to receive comments on the combined rulemaking will be held at 1 p.m. on September 11, 1996. The hearing will be held in the CIWMB Hearing Room at 8800 Cal Center Drive, Sacramento, California. The SWRCB and CIWMB requests that persons who make oral comments at the hearing submit a written copy of their testimony at the hearing. The hearing room is wheelchair accessible. Individuals who require other special accommodation are requested to contact Catherine Foreman at (916) 341-6087. Persons requiring TDD assistance should contact the California Relay Service at 1800-735-2929. INFORMATIVE DIGEST The California Integrated Waste Management Act (Act), Public Resources Code (PRC) section 40000 et seq., provides for the protection of public health and safety and the environment through waste prevention, waste diversion, and safe waste processing and disposal. PRC sections 40502 and 43020 authorize the CIWMB to adopt rules and regulations for purposes of implementing the Act. Specifically, the Act requires the CIWMB to adopt and revise regulations which set forth minimum standards for solid waste handling and disposal. Further, PRC section 43103 requires the CIWMB, in cooperation with the SWRCB, to revise its regulations as required by the Solid Waste Disposal Regulatory Reform Act of 1993 (AB 1220/Eastin, Stats. of 1993, c. 656, hereafter referred to AB 1220). In 1977, pursuant to the State Solid Waste Management Act (the predecessor to the current Act and AB 1220), the CIWMB adopted regulations setting forth Minimum Standards for Solid Waste Handling and Disposal and regulations for Enforcement of Solid Waste Standards and Administration of Solid Waste Facilities Permits; Loan Guarantees. Within these regulations are the requirements for disposal site operation, permitting, closure and financial responsibility. The Act required the adoption of regulations specifying procedures for proper closure and postclosure maintenance including plans and financial responsibilities. Under Subtitle D of RCRA, Congress directed the United States Environmental Protection Agency (USEPA) to develop regulations governing the management of solid waste, including regulations for operation, closure and financial responsibility of municipal solid waste landfills that, in California, are subject to CIWMB regulations promulgated in Title 14, California Code of Regulations. Congress allows a state to assume responsibility for regulating municipal solid waste disposal (MSW landfills). California has applied for, and received, USEPA approval as an approved State to implement the provisions of 40CFR258, the Federal Rules that USAEPA promulgated under RCRA. The proposed CIWMB action is consistent with Federal Rules and maintains the requirements necessary to allow continued USEPA approval of the aspects of California's solid waste program consistent with the authority granted to the CIWMB under the Act and AB 1220. The Solid Waste Disposal Regulatory Reform Act (AB 1220) directs the SWRCB and the California Integrated Waste Management Board (CIWMB) to develop one consolidated set of solid waste disposal facility regulations including, one consolidated permit application that requires the operator to develop only one technical report to incorporate the requirements of both the solid waste facility permit and waste discharge requirements; and, if possible, the two agencies' financial assurance requirements. AB 1220 further directs that the CIWMB maintain only its authority to regulate only those aspects of solid waste disposal that do not involve prevention of water pollution. Furthermore, AB 1220 directs that the promulgation of the combined regulations not result in a decrease in environmental protection. The Solid Waste Disposal Regulatory Reform Act shapes the development of regulations as follows: 1) maintain a clear and concise division of authority and responsibility to remove all areas of overlap, duplication and conflict between the CIWMB and SWRCB in the regulation of solid waste disposal sites, without reducing current state minimum standards for environmental protection; 2) consolidate regulations for these sites; 3) streamline the process for obtaining a full solid waste facility permit; and clarify and remove overlap in the roles of the local enforcement agency (LEA) and CIWMB. AB 1220 contains many specific provisions that are implemented by the proposed regulations. AB 1220 requires the CIWMB to effectuate a clear division of authority between the SWRCB and CIWMB by developing a consolidated set of solid waste disposal facility regulations where distinct chapters are written and implemented by the appropriate agency. Further, AB 1220 directed that a clear and concise division of responsibilities shall be maintained to minimize overlap and duplication between the CIWMB and the certified local enforcement agencies. The purpose for the separation of authority is to: 1) make clear that the SWRCB and RWQCBs are the sole agencies regulating the disposal and classification of solid waste for the purpose of protecting the waters of the state, and 2) have the CIWMB and LEAs regulate all other aspects of solid waste disposal within the scope of their appropriate regulatory authority. The proposed regulations are an attempt to merge all State requirements for solid waste disposal facilities and sites. Applicable portions of CIWMB regulations contained in Title 14 of the California Code of Regulations, as well as SWRCB regulations contained in Chapter 15 of Title 23 of the California Code of Regulations, will be moved and consolidated into Title 27. In addition, Title 27 will contain a single set of definitions promulgated for use by SWRCB, RWQCBs, CIWMB and LEAs. The proposed regulations establish a requirement for a joint technical document as directed by AB 1220. Currently a Report of Disposal Site Information is required as part of an application to the CIWMB for a solid waste facilities permit while a Report of Waste Discharge is required by the Regional Water Quality Control Board as part of an application for Waste Discharge Requirements. These two technical documents contain significant amounts of information that are similar or identical. The proposed regulation package would eliminate this duplication by establishing a requirement for a joint technical document that will be submitted to both agencies. The proposed regulations will also attempt to eliminate many areas of overlap between the CIWMB and Local Enforcement Agencies. In general, this will be accomplished by removing as best as practical the CIWMB from review/approval authority within the regulations except where this authority is explicitly provided in statute or in applicable portions of the Code of Federal Regulations. The result will be that the LEA will have stand-alone authority for approvals and oversight where applicable. Some notable exceptions to this are the areas of financial assurances, closure plans, Federal Subtitle D approvals, and solid waste facility permits. For financial assurances, the responsibility for review and approval will remain with the CIWMB as mandated by existing statute and not changed by AB 1220. The other major areas where the CIWMB will maintain its statutory mandates within the regulations are, approval authority for closure plans, authority for Federal Subtitle D approvals, and concurrence authority for permits. Scope of the rulemaking This rulemaking is initiated to achieve compliance with AB 1220 and is limited to 1) maintaining applicability to landfills and disposal sites; 2) moving without regulatory effect, portions of Title 14 that apply to landfills and disposal sites into Title 27; 3) revising (and moving) existing landfill and disposal site regulations in order to remove aspects for the protection of water quality and inserting where necessary, applicable provisions to protect public health and safety and the environment; 4) removing duplicative roles between the CIWMB and its LEAs where applicable; 5) combining applicable CIWMB and SWRCB definitions into a consolidated set of definitions; 6) establishing requirements for a joint application for both the Report of Waste Discharge and Solid Waste Facility Permit, and streamlining the permitting process; 7) establishing requirements for a joint technical document; 8) retaining CIWMB authority for those provisions that are statutorily or federally mandated; 9) combining SWRCB and CIWMB closure and postclosure maintenance requirements into on set of regulations which require one closure plan to be prepared for each solid waste landfill; and 10) leaving the remaining portions of Chapters 3 and 5 of Title 14 unaffected for this rulemaking, yet, at the same time, revising certain sections of Title 14 to apply to the scope of the unaffected regulations. PLAIN ENGLISH REQUIREMENTS CIWMB staff has determined that it is not feasible to draft the regulations in plain English due to the technical nature of the regulations; however, a non-controlling, plain English summary of the regulations is available from the contact person named in this notice. PLAIN ENGLISH POLICY STATEMENT The proposed regulations would create a clear and concise division of authority and responsibility--removing all areas of overlap, duplication and conflict--between the CIWMB and the SWRCB in the regulation of solid waste disposal sites without reducing current State minimum standards for environmental protection; consolidate regulations for these sites; and clarify and remove overlap in the roles of the LEAs and the CIWMB. This action would merge existing CIWMB regulations for disposal sites, contained in Title 14 of the California Code of Regulations (14 CCR,) with existing SWRCB regulations, for waste management units, found in 23 CCR, Chapter 15 and move the merged regulations to 27 CCR. AUTHORITY AND REFERENCES PRC sections 40502, 43020, 43030, and 43103 provide authority for these regulations. The CIWMB proposes to reference PRC sections 43000 through 45042 and the Code of Federal Regulations, Parts 257 and 258. MANDATES ON LOCAL AGENCIES OR SCHOOL DISTRICTS CIWMB staff has determined pursuant to Government Code section 11346.9, that adoption of the proposed regulations will not impose a mandate on school districts, nor will they impose any non-discretionary costs or savings on them. The CIWMB staff has also determined that the regulations do not place a mandate on local agencies. CIWMB staff has determined that the regulations do not impose any non-discretionary costs or savings on local agencies. COST TO PUBLIC AGENCIES, SCHOOL DISTRICTS, CIWMB staff has determined pursuant to Government Code section 11346.5(a)(5) and (6), that the proposed regulations will result in no costs or savings to any state agencies, and no costs to any local agencies or school districts that are required to be reimbursed under Part 7 (commencing with section 17500) of Division 4 of the Government Code, no other non-discretionary costs or savings on local agencies or school districts, and no costs or savings in federal funding to the state. EFFECT ON HOUSING COSTS CIWMB staff has determined pursuant to Government Code section 11346.5(a)(11), that the proposed regulations will have no significant adverse impact on housing costs. EFFECTS ON BUSINESS AND SMALL BUSINESS CIWMB staff has determined that the proposed regulations, will have a net zero economic impact on businesses. The proposed regulations simply reorganize and clarify the authority of agencies enforcing the existing requirements. The proposed regulations integrate permitting and approval processes for solid waste disposal sites with applicable requirements of the SWRCB with no substantive economic impacts. COST IMPACT ON PRIVATE PERSONS OR ENTERPRISES CIWMB staff has determined pursuant to Government Code section 11346.2(a)(9), that the adoption of the proposed regulations will not have a cost impact on private persons or enterprises. EFFECT ON COMPETITION WITH OUT-OF-STATE BUSINESS CIWMB staff has determined pursuant to Government Code sections 11346.3 and 11346.5, that the proposed regulations will not have a significant adverse economic impact on business, including California businesses' ability to compete with out-of-state business. EFFECT ON CREATION OR ELIMINATION OF JOBS, EXISTING OR NEW BUSINESS IN THE STATE OF CALIFORNIA In accordance with Government Code section 11346.3, CIWMB staff has determined that the proposed regulatory action will not affect the creation or elimination of jobs within the State of California, the creation of new businesses or the elimination of existing businesses within California, or the expansion of businesses currently doing business within the State. CONSIDERATION OF ALTERNATIVES In accordance with Government Code sections 11346.2 and 11346.9, the CIWMB must determine that no alternative it considers would be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action. The CIWMB invites interested persons to present statements or arguments with respect to alternatives to the proposed regulations during the written comment period or at the public hearing. CONTACT PERSON Inquiries concerning the substance of the proposed action may be directed to: Sharon Anderson AVAILABILITY OF STATEMENT OF REASONS AND TEXT The CIWMB will have the entire rulemaking file, and all information upon which the proposed regulations are based, available for inspection and copying throughout the rulemaking process at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, the initial statement of reasons, and the plain English summary. Copies may be obtained by contacting Sharon Anderson at the address or phone number listed above. AVAILABILITY OF CHANGED OR MODIFIED TEXT After close of the mandated 45-day comment period the CIWMB may adopt the proposed regulations as described in this notice. If the CIWMB makes modifications which are sufficiently related to the originally proposed text, it will make the modified text, with changes clearly indicated, available to the public for at least 15 days before adopting the regulations as revised. Modifications will be provided to all persons who submit written comments during the public comment period, who provide oral or written testimony at the public hearing, or who request copies of the modifications. Requests for any modified text should be made to the contact person named above. The CIWMB will accept written comments on the modified regulations for 15 days after the date on which they are made available. |
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Last updated: November 01, 2007 Rulemaking File Archives http://www.ciwmb.ca.gov/RuleArchive/ Legal Office: dsturges@ciwmb.ca.gov (916) 341-6066 |
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