Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 5. Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees

Article 3.1 Application for Solid Waste Facilities Permits

Section 18200. Repealed.

Section 18200.1. Repealed.

Section 18201. Repealed.

Section 18202. Repealed.

Section 18203. Repealed.

Section 18204. Repealed.

Section 18205. Repealed.

Section 18206. Repealed.

Section 18207. Repealed.

Section 18208. Issuance of Permit; Final Environmental Determination.
(a) Upon compliance with the Act and this article, and upon the concurrence of the board, the enforcement agency may make findings and issue the permit as provided in subsection (a) of Public Resources Code section 44014. The permit shall specify the person authorized to operate the facility and the boundaries of the facility. The permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the enforcement agency and the board the ability to control the adverse environmental effects of the facility.

(1) As used herein, "design" means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site or total throughput rate of a transfer/processing station, transformation facility, or composting facility vehicular traffic flow, and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration.

(2) As used herein, "operation" means the procedures, personnel, and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment.

(b) (Reserved)

(c) Copies of the permit (including conditions specified therein), findings, and any document setting forth the enforcement agency's final environmental determination shall be provided the board and any person who has requested in writing that such copies be provided.

Comment: In filing an application for a new permit or permit revision, the applicant will be required to specify the proposed design and operation of the facility, to describe any anticipated environmental consequences of the specified design and operation, and to propose measures to minimize and mitigate any adverse environmental effects. The permit that is issued would specify the measures found by the agency to be necessary, for a facility of given design and operation, to satisfy the requirements of the Act for protection of the environment. Accordingly, the permit would limit the facility to the design and operation that corresponds to those measures. Any significant change in design or operation would require revision of the permit. See section 18211. In order to avoid the need to revise a permit for each minor change in operation, the conditions should be drafted to accommodate fluctuations without requiring a permit revision, so long as such changes do not necessitate additional measures to control their environmental effects.

Note:

Authority cited:
Sections 40502 and 43200 of the Public Resources Code.

Reference:
Sections 44012 and 44014 of the Public Resources Code.

Section 18209. Denial of Permit.
(a) The enforcement agency shall deny the permit when any of the following occur:

(1) The enforcement agency determines that the proposed facility is not consistent with the county solid waste management plan or cannot conform to the state standards.

(2) The Board has objected to the proposed permit. and either:

(A) there are less than 45 days remaining before the statutory deadline for action on the application and the applicant declines to waive the deadline; or

(B) the enforcement agency determines that it will be impossible to propose a permit that will be mutually satisfactory to the enforcement agency, the board, and the applicant. The enforcement agency may deny the permit under any other circumstances provided by law.

(b) Upon denial of a permit, the enforcement agency shall give written notice of the denial to the applicant, the board, and any other person who has requested in writing that such notice be given. Notice to the applicant shall be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel or hearing officer.

(c) An applicant who desires a hearing on the denial of a permit shall file with the enforcement agency a written request for a hearing. The enforcement agency shall provide the board with copies of the request, the statement of issues, and the notice of defense within five business days of service upon the applicant.

Note:

Authority cited:
Sections 40502 and 43020 of the Public Resources Code.

Reference:
Sections 44007-44017 and 44300 of the Public Resources Code.

Section 18210. Repealed.

Section 18211. Repealed.

Section 18212. Repealed.

Section 18213. Repealed.

Section 18215. Repealed.

Section 18216. Repealed.

Section 18217. Repealed.

Article 3.1.1 Temporary Solid Waste Facilities Permits

Section 18218. Scope and Applicability.
(a) The Legislature has determined that a substantial number of persons are carrying out solid waste handling and composting activities in violation of current law due to changing trends in local solid waste handling and collection practices and state regulation of solid waste handling and composting activities. The Legislature has directed that the California Integrated Waste Management Board (Board) adopt regulations to enable such persons to obtain temporary solid waste facilities permits to authorize the continued operation of such facilities for a limited period to provide them time to obtain permanent solid waste facilities permits pursuant to the Integrated Waste Management Act (the Act) and Board regulations.

(b) The purpose of this article is to authorize an enforcement agency, upon the concurrence of the Board's Executive Director, to issue a temporary solid waste facilities permit, to the operator of an eligible facility that is required to have a solid waste facilities permit but has not obtained such a permit.

(c) This article establishes procedures by which operators may apply for a temporary solid waste facilities permit and informs operators of eligible facilities and enforcement agencies of those procedures.

(d) This article establishes standards and other regulatory requirements for facilities operating under a temporary solid waste facilities permit.

(e) This article establishes procedures for enforcement agency and Board consideration of applications for temporary solid waste facilities permits, for Board concurrence in or objection to proposed permits, and enforcement agency issuance or denial of permits.

(f) This article does not restrict any facility or recycling center, as defined in 17402.5(d) of Title 14, California Code of Regulations (14 CCR), from conducting recycling activities in accordance with applicable law.

(g) This article does not limit the authority of the state or a local agency, including the Board and an enforcement agency to enforce State Minimum Standards and all other provisions of the Act and Board regulations within their respective jurisdictions.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

Section 18218.1. Definitions.
In addition to the definitions set forth in the Act or in sections 17381, 17402, and 17852 of the 14CCR, the following definitions apply exclusively to this article:

(a) "Temporary Solid Waste Facilities Permit" or "Temporary Permit" means a solid waste facilities permit issued pursuant to this article.

(b) "Solid Waste Transfer or Processing Station" means a Transfer/Processing Facility that receives 15 tons or more of solid waste or 200 tons or more of construction and demolition debris [defined at 14 CCR 17381(e)] or construction and demolition wood mulch [defined at 14 CCR 17381(f)] per operating day for the purpose of storing, handling or processing some or all of the material prior to transferring the material to another solid waste operation or facility. Solid waste transfer or processing station does not include activities excluded from regulation in 14 CCR 17402.5.

(1) In determining the tonnage of solid waste received by a facility, the following materials shall be excluded: recyclable materials received by a recycling center located within the facility including without limitation beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or are otherwise separated from the solid waste handling activities in a manner approved by the enforcement agency.

(2) If a facility does not weigh the solid waste, construction and demolition debris or construction and demolition wood mulch received, the tonnage shall be determined using a volumetric conversion factor.

(c) "Composting Facility" means a Compostable Material Handling Facility that processes, transfers, or stores compostable material. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials, and as more fully described at 14 CCR 17852(a)(12). Composting facility does not include activities excluded from regulation in 14 CCR 17855.

(d) "Eligible Facility" means a solid waste transfer or processing station or a composting facility that has been in continuous operation since January 1, 2007 or earlier and for which a solid waste facilities permit issued pursuant to the Act and Board regulations is required as of January 1, 2008, but has not been issued by the enforcement agency having jurisdiction.

(e) "Facility" means either a Solid Waste Transfer or Processing Station or a Composting Facility, as defined in this article.

(f) "In Operation" means that the facility is actively engaged in the business of solid waste handling or compostable materials handling.

(g) "Permanent Solid Waste Facilities Permit" means a solid waste facilities permit issued pursuant to the Act except a temporary permit issued pursuant to this article.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

Section 18218.2. Authority To Issue Temporary Permits.
(a) Pursuant to this article, an enforcement agency may issue a temporary permit that authorizes the operator of an eligible facility to continue operating for a limited time until it obtains a permanent solid waste facilities permit or July 1, 2010, whichever comes first.

(b) An enforcement agency may not accept an application for a temporary permit after May 9, 2008 (the "final application date").

(c) A temporary permit issued under this article shall expire on June 30, 2010 or on the effective date of the permanent solid waste facilities permit respecting the facility, whichever comes first.

(d) A temporary permit may not authorize any increase in the amount of materials handled at a facility or any change in the types of materials handled or in the manner they are handled, based on the facility's operations during calendar year 2007, except as the enforcement agency may determine that such changes are necessary to protect the public health and safety and the environment or to comply with state minimum standards applicable to the facility.

(e) A temporary permit may not authorize a facility to increase, or change the location of, the area devoted to solid waste handling activities or compostable materials handling activities beyond that utilized during calendar year 2007, except as the enforcement agency may determine that such increase or change is necessary to protect the public health and safety and the environment or to comply with state minimum standards applicable to the facility.

(f) A facility to which a temporary permit has been issued may not be moved from its location as of January 1, 2008 to another location on a different parcel of real property during the term of the permit.

(g) Neither ownership nor the operator of a facility to which a temporary permit has been issued may be transferred to another person during the term of the permit except as provided in Title 27, California Code of Regulations, Sections 21630 and 21670.

(h) Except as expressly provided otherwise in this article, facilities operating under a temporary permit shall comply with the Act and Board regulations applicable to such facilities.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

Section 18218.3. Requirement To Obtain a Temporary Permit.
(a) The operator of an eligible facility shall obtain a temporary permit pursuant to this article or a permanent solid waste facilities permit pursuant to the Act and Board regulations or shall immediately cease the activities for which a permit is required.

(b) An operator of an eligible facility, if it elects to apply for a temporary permit, shall submit a complete and correct application for such permit to the enforcement agency no later than the final application date.

(c) If an enforcement agency, acting pursuant to Public Resources Code Section 44002, issues a cease and desist order to the operator of an eligible facility prior to the final application date ordering the operator to cease operating a solid waste facility without a solid waste facilities permit, it shall, upon receipt of a complete and correct application for a temporary permit under this article, stay the effect of that portion of the order that directs the operator to cease operating a solid waste facility without the required solid waste facilities permit. The term of the stay shall run from the enforcement agency's determination that the application is complete and correct to its issuance of the temporary permit, in which case the enforcement agency's order to cease operation a solid waste facility without the necessary permit has no further effect, or its denial of the temporary permit and the completion of any appeals to the local hearing panel or hearing officer and the Board, in which case the cease and desist order shall be given its full force and effect. Notwithstanding, the effect of the cease and desist order will not be stayed if the enforcement agency determines the continued operation of the facility during the period of the stay may pose an imminent and substantial threat to the public health and safety and the environment.

(d) The operator of a facility operating pursuant to a temporary permit shall obtain a permanent solid waste facilities permit from the enforcement agency having jurisdiction, or cease the activities for which a solid waste facilities permit is required, on or before June 30, 2010.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

[Note: A person who is conducting solid waste handling activities or composting who is not required to obtain a solid waste facilities permit may be required to notify the enforcement agency. See, for example, 14 CCR Sections 17403.3, 17383.3, 17383.4, 17383.7, 17857.1, and 17862.1.]

Section 18218.4. Standards Applicable to Facilities.
(a) The operator of a solid waste transfer or processing station for which a temporary permit has been issued must comply with the requirements of 14 CCR, division 7, chapter 3, articles 6.2 [Operating Standards], 6.3 [Record Keeping Requirements], and 6.35 [Additional Operating Requirements for Facilities Only].

(b) The operator of a composting facility for which a temporary permit has been issued must comply with the requirements of 14 CCR, division 7, chapter 3.1, articles 5 [Composting Operation and Facility Siting and Design Standards], 6 [Composting Operating Standards], and article 8 [Composting Operation and Facility Records]. If material is held at the composting facility longer than 7 days, the operator must also comply with the requirements of 14 CCR, division 7, chapter 3.1, article 7 [Environmental Health Standards].

(c) The owner or operator of a facility for which a temporary permit has been issued shall agree to allow the enforcement agency and the Board to inspect the facility at any time during normal business hours. The enforcement agency shall inspect the facility at least monthly and may inspect more frequently, as it deems appropriate. Inspections will be unannounced and unscheduled.

Note:

Section 18218.5. Notification of Availability of a Temporary Permit.
Each enforcement agency shall attempt to notify the operators of all potential eligible facilities with its jurisdiction of the availability of temporary permits. The failure of an enforcement agency to so notify an operator of an eligible facility shall not excuse an operator from timely compliance with this article.

Note:

Section 18218.6. Application for a Temporary Permit.
(a) The operator of an eligible facility who desires to obtain a temporary permit pursuant to this article shall file a complete and correct application for such permit on or before the final application date.

(b) The application must describe the solid waste handling and composting activities to be authorized under the temporary permit sought by the operator of the eligible facility. Those activities shall be substantially identical to those conducted by the operator during calendar year 2007, although the operator may decrease the amount of materials handled or make other changes that enhance the protection of the public health and safety or reduce the facility's impacts on the environment. In no case shall the solid waste handling or composting activities be changed in a way that would subject the proposed permit to evaluation under the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000 et seq. The application must contain sufficient verifiable information regarding the solid waste handling and composting activities at the facility during 2007 to satisfy the enforcement agency that the activities proposed under the temporary permit are substantially identical to those conducted at the facility during calendar year 2007.

(c) The application for a temporary permit for a transfer and processing facility shall contain the following:

(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version 8-04, Appendix 1 (incorporated herein by reference)). The applicant shall specify on the application that it is intended for a temporary permit.

(2) name(s) of the operator and owner.

(3) schematic drawing of the facility, including buildings and other structures, showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas.

(4) descriptive statement of the manner in which activities are currently conducted at the facility and proposed to be conducted under the temporary permit.

(5) days and hours that the facility operates. If the hours of waste receipt differ from the hours of material processing, each set of hours must be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above.

(6) total acreage contained within the operating area and total area that is to be included within the solid waste facilities permit.

(7) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity.

(8) information showing the types and the daily quantities of solid waste received during 2007. If tonnage was calculated from records stated in cubic yards, include the conversion factor used. The information submitted shall be in the form of verifiable business records, such as certified scale records, weight tags, receipts, bills of sale, disposal receipts, and other records acceptable to the enforcement agency. The information shall include records (if available) or good faith estimates (if records are not available) of the daily quantities of "putrescible wastes" and "residuals" (as defined in subdivision (a)(21) of Section 17402 and in subdivision (b)(1) of Section 17402.5 of 14 CCR, respectively) during calendar year 2007.

(9) description of the methods used by the facility to comply with each applicable state minimum standard as described in 14 CCR 18218.4.

(10) volume of quench or process water and the planned method of treatment, and disposal of any wastewater.

(11) description of provisions to handle unusual peak loading.

(12) description of transfer, recovery and processing equipment, including classification, capacity and the number of units.

(13) method for final disposal of the solid waste.

(14) method for the storage and removal of salvaged material.

(15) resumes of the managers of the organization which will operate the facility.

(16) Fire Prevention, Control and Mitigation Plan which contains the following:

(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at a site.

(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires.

(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment.

(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression.

(E) Description of the ability of the local fire authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on the site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.

(17) The operator shall certify whether the facility is included within the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan. If not, the operator shall acknowledge that the facility must be included in such plan before a permanent solid waste facilities permits will be issued.

(18) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.

(19) Evidence that a copy of the completed application was provided to the director of the local agency that oversees local land use planning for the jurisdiction in which the facility is located.

(20) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.

(d) The application for a temporary permit for a composting facility shall contain the following:

(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version 8-04, Appendix 1 (incorporated herein by reference)). The applicant shall specify on the application that it is intended for a temporary registration permit.

(2) name(s) of the operator and owner.

(3) A descriptive statement of the operations currently conducted at the facility and proposed to be conducted under the temporary permit.

(4) A schematic drawing of the facility, including any buildings and other structures, showing layout and general dimensions of all processes utilized in the handling and processing materials including, but not limited to, unloading, storage, processing, parking, and loading areas.

(5) A description of methods used to control leachate, litter odors, dust, rodents, and insects.

(6) A description of the emergency provisions for equipment breakdown or power failure.

(7) A description of the storage capacity and maximum and average length of time compostable materials will be stored at the facility.

(8) A description of compostable materials handling equipment used at the facility including type, capacity, and number of units.

(9) Information demonstrating the operations of the facility during 2007 in cubic yards, including without limitation compostable materials and feedstock received, processed and stored on the site and finished materials stored on the site. The information submitted shall be in the form of verifiable business records, such as certified scale records, weight tags, receipts, bills of sale, disposal receipts and other records acceptable to the enforcement agency.

(10) A description of provisions to handle unusual peak loadings.

(11) A description of the method for storage and final disposal of nonrecoverable or nonmarketable residues.

(12) A description of the water supplies for process water required.

(13) Identification of person(s) responsible for oversight of facility operations.

(14) An Odor Impact Minimization Plan pursuant to 14 CCR 17863.4.

(15) Fire Prevention, Control and Mitigation Plan which contains the following:

(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site.

(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires.

(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment.

(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression.

(E) Description of the ability of the local fire authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on the site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.

(16) The operator shall certify whether the facility is included within the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan. If not, the operator shall acknowledge that the facility must be included in such plan before a permanent solid waste facilities permit will be issued.

(17) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.

(18) Evidence that a copy of the completed application was provided to the director of the local agency that oversees local use planning for the jurisdiction in which the facility is located.

(19) List of all public hearings and other meetings open to the public that have been held or copes of notices distributed that are applicable to the proposed solid waste facilities permit action.

(e) If an operator of an eligible facility fails to submit a complete and correct application to the enforcement agency by the final application date, the enforcement agency shall take appropriate enforcement action.

Note:

[Note: The information provided to comply with 18218.6 (c)(8) and (d)(9) shall be substantial enough to provide a complete description of the specific waste types and amounts received. The description could include: a list of waste types and amounts; specific collection methods used such as curbside, commercial recycling bins, office recycling; the nature of the waste such as the percentage of putrescible materials mixed in the material; percentage of material that is sent for further processing or disposal; and similar information.]

Section 18218.7. Enforcement Agency Processing Requirements for a Temporary Permit.
(a) Upon receipt of an application for a temporary permit on or before the final application date, the enforcement agency shall mark on the application from the date of its receipt.

(1) Within 20 days from receipt, the enforcement agency shall (i) review the application to determine whether it meets the requirements of section 18218.6 and (ii) notify the applicant in writing of any deficiencies in the application.

(2) Within 10 days from its receipt of notice that the application is deficient, the applicant may submit to the enforcement agency revised or additional materials to correct the deficiencies in the application.

(3) Within 5 days from its receipt of such revised or additional materials, the enforcement agency shall (i) determine if the application, as revised and supplemented, meets the requirements of section 18218.6 and (ii) take the action specified in subdivision (b) or (c) of this section, as appropriate.

(b) If the enforcement agency finds that the application is not complete and correct pursuant to section 18218.6, the enforcement agency shall reject the application and mail a copy of the rejected application, together with an explanation of the basis for its rejection, to the applicant.

(c) If the enforcement agency finds that the application is complete and correct pursuant to section 18218.6, the enforcement agency shall accept the application for filing, stamp the application form with the date and time of its acceptance and notify the applicant in writing that its application has been accepted for filing.

(d) Within 15 days of the enforcement agency's acceptance of an application for filing:

(1) The enforcement agency shall evaluate the information provided in the application and shall inspect the facility to determine whether or not the facility will be able to operate in compliance with the applicable standards.

(2) If the enforcement agency finds that the application and facility meet the requirements set forth in this article, the enforcement agency shall prepare a proposed temporary permit and shall submit the proposed permit, the application package, and the results of any analysis of the proposed permit to the Board. The enforcement agency shall also deliver a copy of the proposed temporary permit to the applicant.

(3) If the enforcement agency finds that the application or facility do not meet the requirements set forth in this article, the enforcement agency shall deny the application and the enforcement agency shall mail a copy of the denied application to the applicant, together with an explanation of the basis for its denial.

(e) If the Executive Director of the Board concurs in the issuance of the proposed temporary permit, the enforcement agency shall issue the permit within 5 days from its receipt of notice of Board concurrence.

(f) If the Executive Director of the Board objects to the proposed permit, the enforcement agency notify the applicant in writing of the Executive Director's decision and the basis for the Executive Director's objection and shall deny the application within 5 days from its receipt of that decision.

(g) If the enforcement agency denies an application for a temporary permit, whether as a result of its own determination or the objection of the Executive Director, the operator may appeal to the applicable hearing panel or hearing officer pursuant to Public Resources Code, section 44300. Upon a timely appeal, the denial of the application shall be suspended pending completion of the hearing and the issuance of a decision by the hearing panel or hearing officer and any subsequent appeal to the Board.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

Section 18218.8. Board Processing Requirements.
(a) Board staff shall evaluate the application package and the proposed temporary permit for compliance with the requirements set forth in this article.

(b) Within 15 days of the Board's receipt of a proposed temporary permit, the Executive Director of the Board shall either concur or object to the issuance of the proposed temporary permit.

(c) The Executive Director of the Board shall concur in the issuance of a temporary permit unless he/she makes any of the following determinations:

(1) The application package that the enforcement agency submitted to the Board with a proposed temporary solid waste facilities permit is incomplete.

(2) The information provided by the applicant and the enforcement agency to demonstrate the nature and level of solid waste handling activities or compostable materials handling activities at the facility in 2007 does not justify the activities proposed at the facility under the proposed temporary permit, is not credible due to a lack of verification or other reasons, or is contradicted and discredited by credible evidence provided to the Executive Director.

(3) The enforcement agency's proposed temporary permit developed pursuant to this article does not insure that the facility will be able to operate consistent with applicable standards, as determined by the Executive Director.

(d) The failure of an eligible facility to be specified in the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan is not grounds for the Executive Director to object to a proposed temporary permit in that the issuance of a temporary permit does not constitute the establishment or expansion of a solid waste facility for purposes of Public Resources Code Section 50001.

(e) If the Executive Director objects to a proposed temporary permit, he/she shall accompany his/her objection with an explanation of the basis for his/her decision, which may suggest amendments that may correct the deficiencies in the proposed temporary permit; however, such suggestions do not constitute approval of the proposed temporary permit subject to incorporation of the suggestions.

(f) Within seven days from the Executive Director's concurrence in, or objection to, a proposed temporary permit, the Board staff shall notify the enforcement agency of the Executive Director's determination in writing. If the Executive Director objects, the reasons for the objection shall be provided to the enforcement agency.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

Section 18218.9. Form of Temporary Permit.
For purposes of this article, the following form (Adobe PDF, 22 KB) shall be used by an enforcement agency when issuing a temporary permit. This form shall be accurately and fully completed by the enforcement agency and shall not be modified. The enforcement agency shall sign and issue the permit only after it has received written notice of concurrence in the proposed permit by the Executive Director of the Board.

Note:

Authority cited:
Sections 44002.1 of the Public Resources Code.

Reference:
Sections 44002.1 of the Public Resources Code.

[Note: An enforcement agency may contact CIWMB Permitting and LEA Support Division for assistance in completing this form. An electronic version of this form is available on the CIWMB website at www.ciwmb.ca.gov/LEAcentral.]