Temporary Waiver of Terms

On February 28, 2008, the Office of Administrative Law (OAL) approved the regulations. The regulations are effective as of March 27, 2008.

Description

Narrowly focused revision to existing regulations that allow an Enforcement Agency to provide a temporary waiver of specified permit terms and conditions of a solid waste facilities permit in the event a "temporary emergency" occurs.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 3, Article 3.5.

Status

On February 28, 2008, the Office of Administrative Law (OAL) approved the regulations. The regulations are effective as of March 27, 2008.

Contact

Robert Holmes

Stakeholder Input

March 7, 2006 workshop to solicit feedback on informal draft regulation text.

• Notice of Public Workshop (MS Word, 144 KB) (Posted Feb. 2006)

Rulemaking Documents

• Approved Text, February 2008: (MS Word, 37 KB): Final text of the regulations approved by OAL on February 28, 2008.
• Updated Informative Digest, January 2008 (MS Word, 25 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.
• Final Statement of Reasons, January 2008 (MS Word, 55 KB): Updated Statement of Reasons explaining the purpose and intent of the regulations.
• Response to Comments, January 2008 (MS Word, 48 KB): Responses to comments received.
• Adopted Text, August 2007 (MS Word, 40 KB): Regulatory text adopted by the Board on August 14, 2007.
• Notice of 15-day Comment Period, June 2007 (MS Word, 37 KB)
• Proposed Text, June 2007 (MS Word, 102 KB): Proposed regulatory text for 15-day comment period.
• Notice of Proposed Rulemaking, January 2007 (MS Word, 48 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 2007 (MS Word, 49 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 2007 (MS Word, 34 KB): Proposed regulatory text for 45-day notice.
• 2nd Draft Informal Text, May 2006 (MS Word, 33 KB): Draft regulatory text.
• 1st Draft Informal Text, February 2006 (MS Word, 33 KB): Draft regulatory text.

More Information

None.

Rulemaking History

The Board held a public workshop on March 7, 2006 to solicit feedback on the first informal draft of regulatory text and accepted informal comments on the draft text through April 17, 2006.

At its June 5, 2006 meeting, the Permitting and Enforcement Committee directed staff to notice a 45-day comment period for the proposed changes to the regulations. A 45-day public comment period ran from January 26 through March 12, 2007.  Board staff conducted a public hearing on April 9, 2007.

At its June 4, 2007 meeting, the Permitting and Compliance Committee directed staff to notice an additional 15-day comment period. A 15-day public comment period for changes made to proposed text ran from June 14 through June 29, 2007.

The Board adopted the proposed text at its August 14, 2007 meeting.