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On July 10, 2003, the Office of Administrative Law approved the Phase I
regulations (with some
modifications) and filed them with the Secretary of State. The regulations
were effective on August 9, 2003. On December 26, 2003, the Office of
Administrative Law approved the Phase II regulations and filed them with
the Secretary of State. The regulations are effective as of February 24,
2004.
Description
Placement of facilities and operations handling construction and demolition (C&D)
and/or inert debris into regulatory tiers, and setting minimum standards.
Affected Regulatory Code Sections
Title 14, California Code of Regulations, Division 7, Chapter 3
Article 4, Section 17225.15,
Article 5.9, Sections 17380 through 17386, and
Article 5.95, Sections 17387 through 17390
Title 14, California Code of Regulations, Division 7, Chapter 5
Article 3.2 Sections 18223, 18223.5, 18223.6
Title 27, California Code of Regulations, Division 2, Chapter
4
Article 1, Section 21565 and
Article 2, Section 21570
Implementation
Guidance
Rulemaking History
Following the close of a 45-day comment period on December 28, 1998, the
Board held a public hearing in Sacramento on January 13, 1999. At its January 27-28, 1999 meeting, the Board
directed staff to collect additional information on mine reclamation activities within the
state and return to the Board to request approval for an additional 15-day comment period.
At its August 31, 1999 meeting in Sacramento, the Board approved a revised draft of the
proposed regulations for an additional 15-day comment period. At its September
22, 1999 meeting, the Board voted 4-0 to not adopt the proposed C&D/Inert Debris
regulations and to have further discussions with the State Water Resources Control Board,
the Department of Conservation, and other stakeholders before developing a new draft.
In December 2000, the Board approved a two-phase approach to
reestablishing this
rulemaking. Phase I covers the transfer and processing
of construction, demolition, and inert debris. Phase II covers the disposal of construction, demolition, and inert
debris.
At the August
14-15, 2001, meeting staff presented to the Board an agenda item
containing a proposed schedule with major milestones, as well as a copy of
the initial draft proposed regulations for Phase I.
Board staff conducted public workshops on September 4,
2001, in Diamond Bar and on
September 19, 2001, in Sacramento to solicit feedback on the draft regulations
for Phase I. At its November
13-14, 2001 meeting the Board considered approving proposed Phase I
regulations for a 45-day
comment period. The Board directed staff to consult with
stakeholders on issues associated with the current draft and return with a
revised draft.
At its December
11-12, 2001 meeting, the Board directed staff to further consult with
stakeholders on issues associated with the current draft of the proposed Phase
I regulations and bring another draft version of the regulations back to
the January
22-23, 2002, Board meeting for consideration of approval to begin a 45-day
comment period.
Board staff conducted a public workshops on
December 13, 2001 in Diamond Bar and in Sacramento on January
10, 2002, to solicit input on both Phase I and Phase II.
Board staff conducted public workshops on
March 4, 2002, in Sacramento and on March 5, 2002, in Diamond Bar to solicit input on
Phase II draft regulations.
At its January
22-23, 2002, meeting the Board directed staff to begin the formal
rulemaking process for Phase I by publishing a notice for a 45-day comment
period. A 45-day comment period for Phase I ran from May 31, 2002 through
July 15, 2002. Staff conducted public workshops
on July 22 in Sacramento and July 31 in Diamond Bar to solicit comment on
the proposed Phase I regulations. The Board held a public hearing for
Phase I on August
12, 2002. At its September
17, 2002 meeting the Board directed staff to make specified changes to
the Phase I regulation text and return to the November
12, 2002 Permitting and Enforcement Committee meeting with a request
for direction to initiate an additional comment period on the
changes.
At its November
12, 2002 meeting the Permitting and Enforcement Committee directed staff to make specified changes to
the Phase I regulation text and return to the December
2, 2002 Permitting and Enforcement Committee meeting with a request
for direction to initiate an additional comment period on the
changes. The Committee directed staff to make further changes and bring the
revised regulation text to the December
10-11, 2002 Board meeting with a request
for direction to initiate an additional comment period on the changes.
At its December
10, 2002 meeting the Board directed staff to make specified changes to
the Phase I regulation text and initiate a 15-day comment period on the
changes. The comment period ran from December 20, 2002 through
January 3, 2003.
At the January
14, 2003 Board meeting staff was directed to make specified changes to
the Phase I regulation text and initiate a second 15-day comment period on the
changes. The comment period ran from January 24 through February 10, 2003.
At the March
18, 2003 Board meeting staff was directed to make specified changes to
the Phase I regulation text and initiate a third 15-day comment period on the
changes. The comment period ran from March 22 through April 7, 2003.
At its April 8,
2002
meeting the Permitting and Enforcement Committee directed staff to begin a
45-day comment period for the Phase II regulations. The comment period ran from January 17 through March 3, 2003.
The Board held a public hearing at the April
7, 2003 Permitting and Enforcement Committee meeting.
At its April
9, 2003 meeting the Board adopted Phase I regulation text. On July
10 the Office of Administrative Law approved the Phase I regulations,
which are effective on August 9, 2003.
At its
July 7,
2003
meeting the Permitting and Enforcement Committee directed staff to
begin an additional 15-day comment period for changes to the Phase II
regulations. The comment period ran from July 9 through July
24, 2003.
At its
August 4,
2003 meeting
the Permitting and Enforcement Committee directed staff to
begin a second 15-day comment period for changes to the Phase II
regulations. The comment period ran from August 13 through August 28, 2003.
On July 10, 2003, the Office of Administrative Law approved the Phase I
regulations (with some
modifications) and filed them with the Secretary of State. The regulations
were effective on August 9, 2003.
At its
September 17,
2003 meeting the Board adopted Phase II regulations with the following
proposed text alternatives (see proposed text
below):
- Issue 1--Alternative 3
- Issue 2--Alternative 3
- Issue 3--Alternative 2
- Issue 4--Alternative 2
On November 10, 2003, staff submitted the Phase II final rulemaking file to the Office of Administrative Law
for a 30-working-day review.
On December 26, 2003, the Office of Administrative Law approved the
Phase II regulations and filed them with the Secretary of State.
Stakeholder Input:
Notice of Public Workshop, January 2003 (Word,
136 KB): Notice of workshop regarding Phase II proposed regulations.
Notice of Public Workshop, July 2002 (Word,
137 KB): Notice of workshop regarding Phase I proposed regulations.
Notice of Public Workshop, February 2002 (Word,
136 KB): Notice of informal workshop regarding Phase II draft regulations.
Notice of Public Workshop, January 2002 (Word,
136 KB): Notice of informal workshop regarding Phase I and Phase II draft regulations.
Notice of Public Workshop, December 2001 (Word,
136 KB): Notice of informal workshop regarding Phase I and Phase II draft regulations.
Notice of Public Workshop, August 2001 (Word,
136 KB): Notice of informal workshop regarding Phase I draft regulations.
Rulemaking Documents (2001-2003):
Phase II--Disposal
Final Text, December 2003 (Word, 89
KB): Final text approved by OAL.
Final Statement of Reasons, November 2003 (Word,
90 KB): Updated Statement of Reasons
explaining the purpose and intent of the regulations.
Updated Informative Digest, November 2003 (Word,
136 KB): Updated summary of the
preceding laws and regulations relating to the regulations and the effect
of the regulations.
Response to Comments, November 2003 (Word,
530 KB): Responses to comments received.
Adopted Text, September
2003 (MS Word, 78 KB): Proposed Phase II text adopted by Board on
September 17, 2003.
Notice
of Second 15-day Comment Period, August 2003 (MS Word, 140 KB):
Public notice of second 15-day comment period.
Proposed Text, August 2003
(MS Word, 102 KB): Proposed Phase II regulatory text for second
15-day comment period.
Issues and Alternatives Summary, August 2003
(MS Word, 22 KB): Summary of issues and alternatives associated
with August 2003 version of proposed text.
Notice
of First 15-day Comment Period, July 2003 (MS Word, 138 KB):
Public notice of first 15-day comment period.
Proposed Text, July 2003
(MS Word, 74 KB): Proposed Phase II regulatory text for first
15-day comment period.
Notice of Proposed Rulemaking, January 2003
(MS Word, 152 KB): Information published in the California Regulatory Notice
Register 45 days prior to the end of the public comment period, which
references the proceedings, statutory authority, an informative digest
describing existing laws, any mandates and the effect of the proposed
action on small business.
Initial Statement of Reasons, January 2003 (Word, 73
KB): A statement of the specific purpose and the rationale for the
determination that this regulation is necessary to carry out the purpose
for which it is proposed. Any alternatives considered and technical
documents are also noted here.
Proposed Text, April 2002 (Word, 52 KB): Proposed Phase
II regulatory text for 45-day Notice.
Tiered Placement Grid,
April 2002 (Word, 25 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full) and other
regulatory requirements.
2nd Draft Informal Text,
March 29, 2002 (Word, 52 KB): Draft text of regulations
for Phase II.
1st Draft Informal Text,
March 1, 2002 (Word, 53 KB): Initial draft text of regulations
for Phase II.
Technical Consideration: Summary of the
data gathered during the mine survey used as technical background for
the development of the Phase II regulations.
Summary: (Word, 54 KB)
Appendix 1 (continued): (Word,
334 KB)
Appendix 2: (Word, 34 KB)
Appendix 3: (PDF, 67 KB)
Note: The maps contained in Appendix 1 of this document are not available on this site.
Please contact Marilyn Andersen, (916)
341-6406, to make arrangements for delivery of hard
copies, as needed.
Phase I--Transfer/Processing
Final Text, July 2003 (Word, 190 KB): Final text approved by OAL.
Final Statement of Reasons, May 2003 (Word,
281 KB): Updated Statement of Reasons
explaining the purpose and intent of the regulations.
Updated Informative Digest, May 2003 (Word,
143 KB): Updated summary of the
preceding laws and regulations relating to the regulations and the effect
of the regulations.
Response to Comments, July 2003 (Word,
580 KB): Responses to comments received.
Notice
of Third 15-day Comment Period, March 2003 (MS Word, 139 KB):
Public notice of third 15-day comment period.
Proposed Text, March 23,
2003
(MS Word, 226 KB): Proposed Phase I regulatory text for third 15-day comment
period.
Tiered Placement Grid,
March 2003 (MS Word, 44 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
Notice
of Second 15-day Comment Period, January 2003 (MS Word, 138 KB):
Public notice of second 15-day comment period.
Proposed Text, January 23,
2003
(MS Word, 202 KB): Proposed Phase I regulatory text for second 15-day comment
period.
Tiered Placement Grid,
January 2003 (MS Word, 43 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
Notice
of First 15-day Comment Period, December 2002 (MS Word, 137 KB):
Public notice of first 15-day comment period.
Proposed Text, December 17, 2002
(MS Word, 201 KB): Proposed Phase I regulatory text for first 15-day comment
period.
Tiered Placement Grid,
December 2002 (MS Word, 43 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
Proposed Text, December 5,
2002
(MS Word, 194 KB): Interim Draft Proposed Phase I regulatory text.
Proposed Text, November 25,
2002
(MS Word, 192 KB): Interim Draft Propose Phase I regulatory text.
Proposed Text, November 4, 2002
(MS Word, 187 KB): Interim Draft Proposed Phase I regulatory text.
Tiered Placement Grid,
November 4, 2002 (MS Word, 43 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
Proposed Text, August 2002
(MS Word, 162 KB): Interim Draft Proposed Phase I regulatory text.
Tiered Placement Grid,
July 2002 (MS Word, 43 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
Notice of Proposed Rulemaking,
May 2002 (Word, 155 KB): Information published in the California
Regulatory Notice Register 45 days prior to the end of the public
comment period, which references the proceedings, statutory authority,
an informative digest describing existing laws, any mandates and the
effect of the proposed action on small business.
Initial Statement of Reasons,
May 2002 (Word, 150 KB): A statement of the specific purpose and
the rationale for the determination that this regulation is necessary to
carry out the purpose for which it is proposed. Any alternatives
considered and technical documents are also noted here.
Proposed Text, January 2002
(Word, 134 KB): Proposed Phase I regulatory text for 45-day Notice.
Tiered Placement Grid,
January 2002 (Word, 41 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
4th Draft Informal
Text, January 2002 (Word, 134 KB): Draft Phase I regulatory text for consideration
of approval to begin 45-day public comment period.
Tiered Placement Grid,
Revised January 17, 2002 (Word, 41 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
3rd Draft Informal
Text,
December 2001 (Word 97, 85 KB): Draft Phase I regulatory text for consideration
of approval to begin 45-day public comment period.
Tiered Placement Grid,
December 2001 (Word 97, 37 KB): A grid showing where the proposed
regulations place facilities and operations in the tiered regulatory
structure (e.g., EA Notification, Registration, Full).
2nd Draft
Informal Text,
November 2001 (Word 97, 62 KB): Draft Phase I regulatory text for consideration
of approval to begin 45-day public comment period.
1st Draft Informal Text,
August 2001 (Word 97, 70 KB): Initial draft text of regulations
for Phase I.
Rulemaking Documents (1998-1999):
Notice of 15-day comment period, September
1999 (Word 6.0/95, 483 KB): Public notice of 15-day comment period.
Proposed Text,
August 1999 (Word 6.0/95, 110 KB): Revised proposed regulations approved at the August 31, 1999 Board meeting
for 15-day comment.
Proposed Text, September 23, 1998 (Word 6.0/95, 68 KB): Text of
proposed regulations issued for formal comment.
Notice of Extension of Written Comment Period,
December 1998 (Word
6.0/95, 250 KB): Notice extending public comment period to December 28, 1998.
Notice of Proposed Rulemaking (Word 6.0/95, 24 KB):
Information published in the California Regulatory Notice Register 45 days prior to the
end of the public comment period which references the proceedings, statutory
authority, an informative digest describing existing laws, any mandates and the effect of
the proposed action on small business.
Initial Statement of Reasons (Word 6.0/95,
67 KB): A document containing a description of the condition or problem that this
regulation is intended to address and the rationale for the determination that this
regulation is necessary to carry out the purpose for which it is proposed. Any
alternatives considered and technical documents are also noted here.
General Methodology Charts: These downloadable charts contain
general methodology principles used to determine the appropriate level of regulatory
control.
(1998-1999)
(2001-2003)
Phase I--Transfer/Processing
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