Rulemaking Archives

Permit Implementation Regulations (AB 1497)

On March 14, 2007, the Office of Administrative Law (OAL) approved the regulations. The regulations became effective on April 13, 2007.

Description
New and revised regulations implementing the requirements of Assembly Bill 1497 (Stats. 2003, Ch. 823), applying new construction and demolition requirements to the regulation of other solid wastes, and clarifying permit process requirements.

Affected Regulatory Code Sections
California Code of Regulations

Title 14, sections 17383.10, 17388.3, 17388.4, 17388.5, 17388.6, 18077, 18083, 18104.1, 18104.2, 18104.7, 18105.1, 18105.2, and 18105.9

Title 27, sections 21563, 21570, 21580, 21620, 21650, 21660, 21663, 21665, 21675, and 21685

Background | Key Issues | Status | Contact | History | Stakeholder Input | Rulemaking Documents | For More Info

Status

The Office of Administrative Law (OAL) approved the regulations and filed them with the Secretary of State on March 14, 2007. The regulations are effective on April 13, 2007.

Contact

SWFacPermit@ciwmb.ca.gov or Bobbie Garcia

Background

In January 2004, AB 1497 was enacted. The new law mandates several new solid waste facility permitting requirements and authorizes the Board to adopt regulations to implement these requirements. At its January 2004 meeting, the Board directed staff to address, in a rulemaking, the application of new construction & demolition requirements to other solid waste facility and local enforcement agency requirements. Finally, in early 2004 the Board staff consulted with stakeholders to solicit their input on what they viewed as areas for improvement, consistency, and clarification related to the permitting process and/or requirements.

During the second half of 2004, Board staff solicited stakeholder input on regulatory concepts associated with the issues above via a process entitled the Solid Waste Facility Permit Regulation Development Plan. At its November 2004 meeting, the Board's Permitting and Enforcement Committee directed staff to implement the plan through three separate and staggered rulemakings. This rulemaking, Permit Implementation Regulations (AB 1497), is the first of the three rulemakings.

Rulemaking History

To kick start the informal development of this rulemaking, a team of Board staff and local enforcement agency representatives studied the issues and developed proposed approaches to address the issues. The process on developing approaches to address each key issue is shared on these web pages.

The Board conducted public workshops on the first round of proposals for addressing each key issue on April 4, 2005, in Sacramento and on April 7, 2005, in Diamond Bar.

At the June 6, 2005, Permitting and Enforcement Committee meeting, staff provided an oral update on the developments to date on the project, a brief summary of comments received during the informal scoping phase, and the next steps for the rulemaking package, prior to commencing the formal rulemaking process.

On August 22, 2005, Board staff conducted a public workshop in Sacramento to solicit input on preliminary draft regulatory text (see Rulemaking Documents below). The Board webcast the live audio of the workshop. Additionally, several "teleconferencing" locations were available. An informal comment period on the preliminary draft regulatory text ran through September 9, 2005.

At its November 7, 2005, meeting the Permitting and Enforcement Committee directed staff to initiate a 60-day comment period on the proposed regulations and to work with stakeholders in the development of two lists that could be inserted into the regulations prior to beginning the comment period: first, a list of minor changes that would not require LEA review and approval prior to the operator taking action, and, second, a list of changes that would always require a revision to the permit. A work group formed to generate the lists met November 21 and 29, 2005.

The Board made an informal, informational presentation on the draft proposed regulations on April 3 in Sacramento and on April 5 in Diamond Bar (refer to the Stakeholder Input below for more details).

Board staff prepared an initial analysis and draft response (Adobe PDF, 222 KB | MS Word, 305 KB) to comments on major issues received during the 60-day formal public comment period which ran from April 7, 2006, through June 6, 2006, and the comments received at the June 5, 2006, public hearing.

On September 5, 2006, after considering staff's recommendations, the comments received from the public, and the discussion of the matter by the Board's Permitting and Enforcement Committee, the chair of the Committee directed staff to make further modifications to the proposed text and to notice a 15-day comment period.

A 15-day public comment period on changes to the proposed regulation text ran from September 11, 2006, through September 26, 2006.

On October 10, 2006, the Permitting and Enforcement Committee moved the regulations to the full Board for consideration. The full Board adopted the regulations at its October 17, 2006, meeting.

Board staff submitted the final rulemaking file (including text with nonsubstantial changes) to the Office of Administrative Law (OAL) on January 31, 2007.

Stakeholder Input

A 15-day public comment period on changes to the proposed regulations began on September 11, 2006 and ended on September 26, 2006.

• Written Comments Received During Additional 15-day Comment Period, September 2006
• Board staff's initial analysis and draft response to comments on major issues raised during the 15-day comment period, October 2006

The Board held a public hearing on June 5, 2006, to receive written and oral comment on the proposed regulations. See Rulemaking Documents below for more details.

• Transcript of June 5, 2006, public hearing (Adobe PDF, 164 KB).

A 60-day formal public comment period on the proposed regulations began on April 7, 2006 and ended on June 6, 2006.

• Written Comments Received During Formal Comment Period, April-June 2006
• Board staff's initial analysis and draft response to comments on major issues raised during the 60-day comment period, August 2006

On April 3 and April 5, 2006,  informal informational presentations were given, designed to provide an overview and contextual explanation of the proposed regulations.

• Workshop Presentation (Adobe PDF, 399 KB | MS PowerPoint, 485 KB)
• Audio Recording from April 3, 2006, Sacramento workshop. (Windows Media Audio, 16 KB, 2:27 hours*)
• Audio Recording from April 5, 2006, Diamond Bar workshop. (Windows Media Audio, 16 KB, 2:27 hours*) Note: Please allow 1 minute for audio to begin. The silence period at the beginning of the audio will be eliminated in the next few days. In the meantime, thank you for your patience...
• Notice of Informational Presentation, March 2006 (MS Word, 148 KB)

On October 18, 2005, the rulemaking development team issued a memorandum to the Board Members on the status of the rulemaking package, along with a synopsis of the stakeholders' comments and staff responses to comments.

• Memo, October 18, 2005 (MS Word, 55 KB)
• Attachment, October 18, 2005 (MS Word, 268 KB)

August 22, 2005, workshop to solicit feedback on preliminary draft regulatory text.

• Workshop presentation (Adobe PDF, 170 KB | MS PowerPoint, 161 KB)
• Audio recording from Sacramento workshop. (Windows Media Audio, 24 KB, 1:47 hours*)
• Notice of Public Workshop, August 2005 (MS Word, 153 KB)
• Notes, September 2005, (MS Word, 40 KB): Staff notes from August 22, 2005, workshop.
• Written Comments Received During Informal Comment Period, August-September 2005

June 6, 2005, Permitting and Enforcement Committee meeting where staff provided an oral update on the status of this rulemaking.

• Slide Presentation (Adobe PDF, 101 KB | MS PowerPoint, 136 KB)
• Notice of Permitting and Enforcement Committee Update, May 2005 (MS Word, 144 KB)
• Written Comments Received During Informal Scoping Period, April-May 2005

April 4 and April 7, 2005, workshops to solicit feedback on the first round of proposals for addressing key issues.

• Workshop Presentation, April 2005 (Adobe PDF, 243 KB): Slide presentation from April 2005 workshops.
• Audio recording from April 4, 2005, Sacramento workshop. (Windows Media Audio, 24 KB, 1:01 hours*)
• Notes, May 2005 (MS Word, 69 KB): Staff notes from April 4, 2005, workshop.
• Audio recording from April 7, 2005, Diamond Bar workshop. (Windows Media Audio, 24 KB, 2:03 hours*)
• Notes, May 2005 (MS Word, 58 KB): Staff notes from April 7, 2005, workshop.
• Notice of Public Workshop, March 2005 (MS Word, 160 KB)

*System requirements for listening to audio/video...

Rulemaking Documents

Approved text, March 2007 (Word, 356 KB | Adobe PDF, 277 KB): Regulatory text approved by the Office of Administrative Law on March 14, 2007. Contains nonsubstantial changes to the text submitted to the Office of Administrative Law on January 31, 2007.

Addendum to Final Statement of Reasons, March 2007 (Word, 43 KB | Adobe PDF, 41 KB): Addendum to updated statement of reasons explaining the purpose and intent of the regulations.

Final Statement of Reasons, December 2006 (Word, 298 KB | Adobe PDF, 277 KB): Updated statement of reasons explaining the purpose and intent of the regulations.

Response to 15-day Comments (Word, 422 KB | Adobe PDF, 356 KB): Responses to comments received.

Response to 60-day Comments (Word, 763 KB | Adobe PDF, 588 KB): Responses to comments received.

Updated Informative Digest (Word, 32 KB| Adobe PDF, 21 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.

Submitted Text, January 2007 (Word, 378 KB | Adobe PDF, 350 KB): Regulatory text submitted to the Office of Administrative Law on January 31, 2007. Contains nonsubstantial changes to the text adopted by the Board on October 17, 2006.

Adopted Text, October 2006 (Word, 691 KB | Adobe PDF, 367 KB): Regulatory text adopted by the Board on October 17, 2006. Contains only nonsubstantial changes to proposed text (dated September 5, 2006) from the first 15-day comment period.

Notice of First 15-day Comment Period, September 2006 (Word, 105 KB | Adobe PDF, 94 KB)

Proposed Text, September 2006 (Word, 595 KB | Adobe PDF, KB): Proposed regulatory text for first 15-day comment period.

Notice of Proposed Rulemaking, April 2006 (MS Word, 183 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, April 2006 (MS Word, 210 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, February 2006 (MS Word, 496 KB): Proposed regulatory text for 60-day notice.

2nd Draft Informal Text, October 2005 (MS Word, 394 KB): Draft regulatory text.

1st Draft Informal Text, August 2005 (MS Word, 500 KB): Preliminary draft regulatory text for discussion purposes only (Revised August 24, 2005).

More Information

In November 2003, the Deputy Director of the Board's Permitting and Enforcement Division issued a memorandum containing interim guidance on implementing the provisions of AB 1497. Also, stakeholders asked many questions about implementation of the new requirements as well as interpretation of the new law. Answers to these questions are posted for perusal by interested parties.

Last updated: November 01, 2007