Local Enforcement Agency Permit Toolbox
Use this chart to determine which permit process tasks and permit application elements apply to each regulatory tier.
Also see the Permit Tier Placement Chart which shows the types of facilities and operations that are slotted into each type of permit tier.
Note: This page has been updated to reflect the Permit Implementation Regulations (effective on April 13, 2007). Newly inserted text is shown with a shaded background.
| Operator Permit Tasks and Application Elements | Regulatory Permit Tier | |||
|---|---|---|---|---|
| Full | Standardized | Registration | Notification | |
| Prepare and Submit Application for New, Revised, or Modified Permit and/or RFI Amendments | Yes, 180 days prior to operation or changes. | Yes (new permit only) | Yes (new permit only) | Notify LEA |
| Application Form | Yes (cc Local Planning Agency and cc RWQCB for Landfills) | Yes, (cc Local Planning Agency) | Yes, (cc Local Planning Agency) | Notify LEA (cc Local Planning Agency) |
|
Note: The application form needs to be updated to include "modified permit" as a type of application for full permits. Updating the application form, which is located in the Appendices of Title 27, will require the regulations to be amended in a separate new rulemaking that could take some time. In the meantime, to submit an application for a modified permit, applicants may change the CIWMB E-1-77 form before submitting it to the LEA by crossing out "revision" under "Part 1.C.2." of the form and writing in "Modification." |
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| Report of Facility Information (RFI) | Yes, may be submitted as a Joint Technical Document (JTD) for Landfills | Yes | Yes | No. An operations plan or OIMP are required for some operations. |
| CEQA Information | Yes | Yes | No (may be required by local agency) | No (may be required by local agency) |
| Conformance Finding | Yes (Unless the facility is a transfer station which recovers less than 5% of the volume of materials received for reuse or recycling) | Yes (There are no transfer stations in the standardized tier) | Yes (Unless the facility is a transfer station which recovers less than 5% of the volume of materials received for reuse or recycling) | No. (Must provide evidence that local planning department was notified) |
| List of Public Hearings, Meetings, and Copies of Notices | Yes | Yes | Yes | No |
| Complete Closure Plan | Yes, for Landfill | No | No | No |
| Financial Assurance | Yes, for Landfill | No | No | No |
| Operating Liability | Yes, for Landfill | No | No | No |
| Owner/Operator Certification | Yes | Yes | Yes | No |
| Apply for 5-Year Permit Review | Yes, 180 days prior to due date. cc local planning agency | No. Certify no changes or apply for new permit. | No. Certify no changes or apply for new permit. | N/A |
| LEA Permit Tasks and Application Elements | Full | Standardized | Registration | Notification |
| Provide guidance to applicant and local planning agencies on permit, local land use, and CEQA. | Yes. | Yes. | Yes. | Yes. |
| Request Assignment of SWIS Facility File Number | Yes (for new sites) | Yes (for new sites) | Yes (for new sites) | Yes (for new sites) |
| Review Permit at Least Every 5 Years from Date Issued | Yes. LEA notifies operator 180 days prior to due date. | Yes. LEA notifies operator 60 days prior. | Yes. LEA notifies operator 60 days prior. | N/A |
| Permit Review Report | Yes | No (new permit is reissued every 5 years) | No (new permit is reissued every 5 years) | N/A |
| Approve Change in Owner and/or Operator | Yes, if certain findings can be made. | New permit if operator change. Notify LEA if owner change. | New permit if operator change. Notify LEA if owner change. | N/A |
| Process RFI Amendments | Yes, if certain findings can be made. | N/A. Must obtain new permit. | N/A. Must obtain new permit | N/A |
| Request Application for Modified Permit | Yes, if certain findings can be made. | No. Operator must apply for new permit if any changes. | No. Operator must apply for new permit if any changes. | N/A |
| Request Application for Revised Permit | Yes, if significant change. | No. Operator must apply for new permit if any changes. | No. Operator must apply for new permit if any changes. | N/A. Notify LEA of changes. |
| Review Application Package | Yes | Yes | Yes (Review is limited. No discretionary action) | N/A |
| Accept or Reject Application | Yes, within 30 days | Yes, within 30 days. | Yes, within 30 days. | N/A |
| LEA Informational Meeting | Yes, within 60 days of receipt for new or revised permits. | No | No | No |
| LEA Public Notice (operator is also required to post notice for approved RFI amendments) | Yes for new, revised, or modified permits permits after finding complete and correct; Yes for RFI Amendments within 5 days after approval. | Yes | Yes | No |
| Pre-Permit Inspection | Yes. Board/LEA | Yes. Board/LEA | As needed by LEA. | N/A |
| Write Permit | Yes, with terms and conditions for new and revised; no addition of terms and conditions for modified. | No. Permit is in regulation. | No. Permit is in regulation. | No |
| Submit Permit Package to Board | Yes, within 60 days of acceptance of application. | Yes, within 15 days of acceptance of application. | No. Issue permit within 5 days of acceptance of application. | N/A. Submit notification within 5 days of receipt. |
| LEA Permit Package Submitted to Board for Approval | Yes | Yes | No | N/A |
| LEA Certification | Yes | No | No | No |
| LEA CEQA Finding | Yes | Yes | No | No |
| RWQCB Information | Yes, if RWQCB enforcement action against landfill. | No | No | No |
| Permit Review Report | Yes | No | No | N/A |
| List of Public Hearings, Meetings, and Copies of Notices received from operator. | Yes | Yes | Yes | No |
| Any written public comments received and summary of comments received at informational meeting and any steps taken by LEA. | Yes for new and revised permits; no summary of comments for modified permits. | No | No | No |
| Attend Board Meeting | Yes for new and revised permits (Modified permits can be approved by Executive Director) | Yes | N/A | N/A |
| Issue (or Deny) Permit | Yes, after Board decision for new and revised permits. Yes, after Executive Director approval for modified permits. Board/Executive Director has 60 days to act. | Yes, after Board hearing. Board has 30 days to act. | Yes, without Board concurrence. | N/A |
| Enforce Permit | Yes. Monthly inspections. | Yes. Monthly inspections. | Yes. Monthly inspections. | Quarterly inspections. |
| Board Permit Tasks and Application Elements | Full | Standardized | Registration | Notification |
| Provide guidance to applicant and local planning agencies on permit, local land use, and CEQA. | Yes. | Yes. | Yes. | Yes. |
| Post LEA informational meeting notice on web site. | Yes for new and revised permits. | No. | No. | N/A |
| Post LEA notice of approved RFI amendment if requested by LEA. | Yes for RFI amendments. | No. | No. | N/A |
| Review Permit Package | Yes | Yes | No | N/A |
| Pre-permit Inspection | Yes | Yes | No | No |
| Submit Title and Write Agenda Item | Yes, approximately 30 days prior to Board meeting for new and revised permits. Modified permits are approved or denied by Executive Director. | Yes, approximately 30 days prior to Board meeting. | No | N/A |
| Concur or Object to Permit | Yes, within 60 days of receipt of proposed permit. | Yes, within 30 days of receipt of proposed permit. | No | No |
| Maintain Solid Waste Information System (SWIS) Database | Yes. | Yes. | Yes. | Yes. |
Note: All references to a time period of "days" means "calendar days".
Also, the Permit Tier Placement Chart shows the types of facilities and operations that are slotted into each type of permit tier.
Last updated: October 30, 2007