Regulations: Title 27, Environmental Protection--Division 2, Solid Waste

Chapter 4. Documentation and Reporting for Regulatory Tiers, Permits, WDRs, and Plans

Subchapter 1. CIWMB--General

Purpose. (non-regulatory) [Reserved]

(a) The CIWMB-promulgated sections of this chapter set forth the method of application for a Solid Waste Facility Permit (SWFP) and procedures for review and action on the application package. Also dealt with in this chapter are related matters of application for permits, reinstatement of permits after disciplinary actions, periodic revision of permits, exemptions from the application and permit requirements, and updating of certain application information. Related matters of modification, suspension, or revocation of permits upon investigation by the EA are included in PRC §44001 et seq. and §44300 et. seq.

(b) Pursuant to §20005 the EA shall coordinate all permitting aspects for disposal sites, including review of the JTD, with the RWQCB as appropriate.

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code.

Reference:
Sections 43020, 43021, and 43000-45802, Public Resources Code.

Subchapter 2. CIWMB--Regulatory Tiers [§21460- §21560 Reserved by CIWMB]

Subchapter 3. Development of Waste Discharge Requirements (WDRs) and Solid Waste Facility Permits

Article 1. General

(a) This Subchapter sets forth the method of application for a full solid waste facilities permit and procedures for review and action on the application package. This Subchapter also addresses related matters of exemptions from the solid waste facilities permit requirements, application for changes in design or operation, reinstatement of solid waste facilities permits after disciplinary actions, periodic reviews and revisions of solid waste facilities permits, and amending application information. Matters related to EA actions to amend, suspend or revoke solid waste facilities permits are included in Article 2, Chapter 5.

(b) The provisions of this Subchapter shall apply to solid waste facilities or disposal sites and any other operations requiring a full solid waste facilities permit pursuant to this Division. Specific provisions of this Subchapter outlining the different responsibilities of the applicant, EA and the CIWMB may be found below as follows:

(1) Exemption from a solid waste facilities permit Article 1.

(2) Applicant Requirements Article 2.

(3) EA Requirements Article 3.

(4) CIWMB Requirements Article 3.1.

(c) Except as otherwise noted, for purposes of this chapter only, "facility" means solid waste facility, disposal site or any other operation requiring a full solid waste facilities permit pursuant to this division.

(d) For purposes of these articles (Articles 1-3.1), the following definitions apply:

(1) "Complete" means all requirements placed upon the operation of the solid waste facility by statute, regulation, and other agencies with jurisdiction have been addressed in the application package.

(2) "Correct" means all information provided by the applicant regarding the solid waste facility must be accurate, exact, and must fully describe the parameters of the solid waste facility.

(3) "Application Filing" means the enforcement agency has determined the application package is complete and correct and the statutory time limit contained in Public Resources Code §44008 commences.

(4) "Informational Meeting" means a meeting where the public is invited to hear and comment on the preliminary determination of the action taken by the EA on an accepted application package. The meeting is strictly informational and no official decision is made at the meeting regarding the formal determination on the solid waste facilities permit application. EA-conducted Informational Meetings fulfill the requirements set forth in Public Resources Code §44004 related to holding a "public hearing", unless the EA substitutes another meeting/hearing that meets the provisions in §21660.4. The definition used herein, does not apply to public hearings, or hearings before hearing panels or hearing officers set forth in Public Resources Code §44300, Chapter 4, Articles 1 and 2, having to do with denial of solid waste facilities permits and related recourses.

(5) "Nonmaterial change" means a change that would require a change to a solid waste facilities permit but would not result in any physical change that would alter the approved design or operation of the facility. The definition is only for purposes of determining when a permit modification is needed as determined by the EA pursuant to §21665(d)(1).

(6) "Significant Change in the design or operation of the solid waste facility that is not authorized by the existing permit" means a change in design or operation of a solid waste facility where the EA has determined pursuant to §21665 that the change is of such consequence that the solid waste facilities permit needs to include further restrictions, prohibitions, mitigations, terms, conditions or other measures to adequately protect public health, public safety, ensure compliance with State minimum standards or to protect the environment. The definition is only for purposes of determining when a permit needs to be revised and should not be utilized for any other purpose.

Note:

Authority cited: 
Section 40502 and 43020, Public Resources Code.

Reference: 
Sections 43020, 43021, and 43000-45802, Public Resources Code.

(a) After a public hearing the EA may grant an exemption from the requirement that the operator of a facility or operation obtain a permit or comply with other Regulatory Tier Requirements established in Title 14, California Code of Regulations, section 18100 et seq. Such an exemption may be granted if the facility falls within one of the classifications in subsection (b) and all of the following findings are made:

(1) The exemption is not against the public interest.

(2) The quantity of solid wastes is insignificant.

(3) The nature of the solid wastes poses no significant threat to health, safety, or the environment.

(b) Classifications of solid waste facilities that may be exempted are:

(1) Facilities or portions thereof doing research funded primarily by government grants;

(2) Drilling mud disposal sumps for short-term use (less than one year) if significant quantities of hazardous or toxic materials are not present in the mud, fluids and cuttings from drilling and associated operations; [Note: currently, on-site sumps are exempted under T23 §2511(g) & in §20090(g) of this subdivision]

(3) Unclassified waste management units as defined by the State Water Resources Control Board (SWRCB), except as otherwise provided in CCR, Title 14, Division 7, Chapter 3.0, Article 5.95;

(4) Farm or ranch disposal sites for one- or two-family use;

(5) Resource Recovery facilities intended only for demonstration purposes and not for profit;

(6) Disposal sites to be used exclusively for one of the following: for spreading of either cannery wastes or oily wastes, mine tailings, ashes and residues, agricultural wastes, street sweepings, dirt from excavations, slag if disposed of on site, or waste water treatment sludge if disposed of on site or to specified agricultural lands; and

(7) Evaporation ponds for disposing of salts from oil and geothermal drilling operations.

(c) The EA may inspect any exempted facility in accordance with CCR, Title 14, Division 7, Chapter 5, Article 2.2, section 18083. Where the EA has reason to believe that circumstances have changed and the findings made pursuant to subsection (a) can no longer be supported, the EA may, after holding a public hearing, rescind the exemption.

(d) All exemptions and rescissions of exemptions shall be forwarded to the CIWMB within seven days after the decision is issued.

[Comment: In exempting facilities, the EA should recognize that only facilities which are solid waste facilities or operations, as defined in Public Resources Code section 40194, must obtain either a permit or an exemption. The following are examples of facilities that need not apply for an exemption or a permit:

1. A facility solely engaged in purchase or sale of salvaged separated materials.
2. Scrap metal, glass, cardboard and fiber brokers and manufacturing firms, which utilize salvaged materials.
3. Recycling centers that only handle salvaged separated materials for reuse.
4. Salvaged separated material collection, storage, or processing activities.]

Note:

Authority cited:
Section 40502, Public Resources Code. 

Reference: 
Sections 43020, 43021 and 43103, Public Resources Code.

An applicant must file with the EA information containing applicable sections of a Report of Facility Information/Joint Technical Document (RFI/JTD) to establish that an exemption should be granted.

Note:

Authority cited: 
Section 40502, 43020 and 43021, Public Resources Code. 

Reference: 
Sections 43020, 43021 and 43103, Public Resources Code.

Article 2. CIWMB--Applicant Requirements

(a) Any operator of a disposal site who is required to have a full solid waste facilities permit and waste discharge requirements pursuant to Public Resources Code, Division 31 and §20080(f) shall submit an application package for a solid waste facilities permit in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit one copy of the application form and the Joint Technical Document (JTD) to the Regional Water Quality Control Board (RWQCB) and one copy of the application form to the director of the local agency that oversees local land use planning for the jurisdiction in which the site is located. The applicant shall ensure demonstration of financial assurances to the CIWMB pursuant to Chapter 6 of this Subdivision.

(b) All other applicants who are required to have a full solid waste facilities permit shall submit an application package for a solid waste facilities permit in duplicate to the EA pursuant to ¶(f) and one copy of the application form to the director of the local agency that oversees local land use planning for the jurisdiction in which the site is located. The applicant shall also simultaneously submit one copy of the application form to the RWQCB.

(c) Any application package submitted to the EA shall be accompanied by the fee specified by the EA pursuant to Public Resources Code §44006(c).

(d) The application package shall require that information be supplied in adequate detail to permit thorough evaluation of the environmental effects of the facility and to permit estimation of the likelihood that the facility will be able to conform to the standards over the useful economic life of the facility. The application package shall require, among other things, that the applicant and the owner give the address at which process may be served upon them.

(e) All information in the application package shall be certified by the applicant and the owner of the site as being true and accurate to the best knowledge and belief of each. The applicant, owner of the facility, or both, shall supply additional information as deemed necessary by the EA.

(f) A complete and correct application package shall include, but not necessarily be limited to, the following items:

(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (CIWMB E-1-77, Version 8-04, Appendix 1); and

(2) Complete and correct Report of Facility Information. In the case of disposal sites, this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or a Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and

(3) California Environmental Quality Act (CEQA) compliance information as follows:

(A) Evidence that there has been compliance with the CEQA, Division 13 (commencing with §21000) of the Public Resources Code, regarding the facility; or

(B) Information on the status of the application’s compliance with the CEQA regarding the facility, including the proposed project description. Once there has been compliance with the CEQA regarding the facility, evidence of compliance shall be submitted to the EA; and

(4) Any CEQA Mitigation Monitoring Implementation Schedule; and

(5) Conformance finding information, including one of the following:

(A) Until a countywide or regional agency integrated waste management plan has been approved by the CIWMB, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code §50000; and that the facility is consistent with the city or county General Plan and compatible with surrounding land use, in accordance with Public Resources Code §50000.5; or

(B) After a countywide or regional agency integrated waste management plan has been approved by the CIWMB, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction in which it is located; or, that the facility is not required to be identified in any of these elements pursuant to Public Resources Code §50001; and

(6) For disposal sites, completeness determination of Preliminary or Final Closure/Postclosure Maintenance Plan as specified in §§21780, 21865, and 21890 (Subchapter 4 of this Chapter); and

[Note: The operator has the option of submitting the preliminary closure plan with the JTD, in which case the EA, RWQCB, and CIWMB would review it at the same time. If deemed complete by the reviewing agencies, the solid waste facilities permit application package could then be accepted for filing if all other information in the JTD is accepted by the EA. Or the operator can submit a stand alone preliminary closure plan to be deemed complete by reviewing agencies before the application package is submitted to the EA. For CIWMB purposes, all final closure/postclosure plans are stand alone documents but can be processed jointly with a proposed solid waste facilities permit revision as long as the final plan is determined complete prior to approval of the proposed solid waste facilities permit. The JTD Index prepared for the EA should show where each closure requirement is addressed in the closure/post-closure plan.]

(7) For disposal sites, current documentation of acceptable funding levels for Financial Assurance Mechanism (in accordance with Chapter 6, Division 2); and

(8) For disposal sites, current documentation of compliance with operating liability requirements in accordance with Chapter 6;

(9) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial survey to be completed at least once every five years or more frequently as determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a ground aerial survey must be completed at least once every ten years. Survey results must be submitted as a CADD or vector graphics data file including at least two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a stratum showing the existing and finished ground surfaces. For disposal sites where a change in permitted volume is proposed, a third stratum showing the base and proposed finished ground surface must be included. For each stratum the following information shall be included: site name, stratum name, surface1 name, surface2 name, volume calculation method (grid, composite, section), expansion (cut) factor, compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be reported in cubic yards. If the base ground surface is uncertain, the operator is allowed to provide the best available information as a substitute for the actual as-built contours. If selecting this substitute method, the operator must provide an explanation of the basis for using the substitute base ground surface. For the purposes of this section the following definitions apply:

(A) "base ground surface" - the best available excavation plan surface that existed prior to the placement of any waste;

(B) "CADD" - computer aided design and drafting;

(C) "compaction (fill) factor" - the factor used to correct for expected compaction of fill material; this factor should normally be unity (one); if the factor is not unity (one), an explanation must be provided for the basis of the volumetric correction;

(D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface to achieve the upper surface;

(E) "existing ground surface" - the topography that exists at the time of the subject survey;

(F) "expansion (cut) factor" - the factor used to correct for expected expansion of a cut surface; this factor should normally be unity (one); if the factor is not unity (one), an explanation must be provided for the basis of the volumetric correction;

(G) "fill volume" - for any stratum, the volume bound between the upper and lower surfaces;

(H) "finished ground surface" - the final fill plan surface as shown in the approved closure plan for the disposal site;

(I) "net volume" - the fill volume less the cut volume;

(J) "site name" - the name of the disposal site for which the survey information is being submitted;

(K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by specified upper and lower surfaces;

(L) "stratum name" - a descriptive name for the stratum for which volumetric information is being submitted, e.g., total volume including proposed expansion;

(M) "surface names" - names for the pair of surfaces that define a named stratum, e.g., base ground surface and proposed finished ground surface;

(N) "survey" - a comprehensive examination of the disposal site under the direction of registered civil engineer or licensed land surveyor for purposes of determining the topography of the base, existing and finished ground surfaces, and the volumes bound by those surfaces;

(O) "vector graphics" - computer generated images comprised of lines and shapes of given origin, direction, thickness, color and other attributes;

(P) "volume calculation method" - grid, composite, section or other method approved by the enforcement agency.

(10) For disposal sites, one of the following:

(A)

(i) In-place density (pounds of waste per cubic yard of waste). The in-place density is the estimated or measured density of in-place waste material achieved by mechanical or other means in the development of the current lift of the current operating waste cell, and

(ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio estimate is a unit-less expression of the proportion of the volumes of waste and cover that comprise a volume of compacted fill material, e.g. 4:1. The cover portion of the waste-to-cover ratio estimate should include only soil or approved daily or intermediate alternative cover that is not considered a waste material, i.e., payment of fees to the CIWMB is not required. The waste portion of the waste-to-cover ratio estimate should include only waste material for which payment of fees to the CIWMB is reported, or

(B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). The airspace utilization factor (AUF) is the effective density of waste material in the landfill. The AUF is recorded as the total weight of waste material passing over the landfill scales that is placed in a known volume of landfill airspace in a given period of time. The waste portion of the AUF should include only waste material for which payment of fees to the CIWMB is reported.

(11) 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.

Note:

Authority cited:
Sections 40002, 40502 and 43020, Public Resources Code.

Reference:
Sections 43103, 44001-44017, 44100-44101, 44300-44301, 44500-44503, and 44813-44816, Public Resources Code.

The applicant may request, in writing, that the EA accept an incomplete application package. As a condition of acceptance, the applicant shall waive the statutory time limit contained in Public Resources Code §44008. The application package shall conform to §21570 within 180 days from the date the EA agrees to accept the package as incomplete or the application package shall be rejected. Upon submittal of an incomplete package, the applicant shall list the deficiencies in the package, reasons for the incomplete submittal, and a proposed schedule as to when the deficiencies will be submitted. For an application for a new or revised solid waste facilities permit, within 30 days after deeming the application complete and correct, the EA shall notice and conduct an informational meeting as required by §§21660.2 and 21660.3.

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code. 

Reference:
Sections 43103, 44001-44006 and 44007-44010, Public Resources Code.

Regulations in this section were promulgated by the State Water Resources Control Board (SWRCB), are administered by the appropriate Regional Water Quality Control Board (RWQCB) through the issuance of waste discharge requirements (WDRs) or other enforceable orders, and are applicable both to the RWQCB and to the owner or operator of a waste management unit (Unit) for the treatment, storage, or disposal of solid waste, in cases where the Unit is jointly regulated by the RWQCB and by one or more other state agencies.

(a) JTD Addresses All Post-CUP Permitting Agency Requirements--After July 18, 1997, for any Unit jointly regulated by the RWQCB and another state agency (or agencies), the report of waste discharge (ROWD) submitted to the RWQCB in support of the development or revision of WDRs for that Unit shall be in the form of a joint technical document (JTD) which includes all applicable information required under Article 4 of Subchapter 3 of this chapter (§21710 et seq.), in addition to all information necessary to support the development (or modification, as appropriate) and issuance of any state or local agency permits, other than the conditional use permit, that are required to operate the Unit (including but not limited to the lateral expansion of any Unit).

(1) JTD Submittal Date--For new Units for which the ROWD is initially submitted (as part of the application for WDRs) after July 18, 1997, the discharger shall submit the ROWD in the form of a JTD when applying for WDRs for the Unit. For all other new Units and for existing Units, the discharger need not reorganize and resubmit, as a JTD, those portions of the ROWD submitted prior to July 18, 1997. For new and existing Units, after July 18, 1997, except for scheduled monitoring reports, each submittal regarding the Unit, whether initiated by the discharger or requested by RWQCB, shall be made in the form of a separate addendum to the JTD, pursuant to (a)(4).

(2) JTD Scope--The discharger is responsible for identifying all state and local agencies for which the JTD will serve as a joint permitting information document, pursuant to (a). Nevertheless, for a landfill, the list of agencies addressed in the JTD shall include at least the RWQCB, the CIWMB, the EA, and the AQMD or APCD.

(3) Integration--The discharger is free to organize the JTD in any manner that maximizes the readability and compactness of the document. Nevertheless, to the extent feasible, with respect to any portion of the JTD that discusses a subject of regulatory concern to more than one agency, the discharger shall integrate the discussion to satisfy the concerns of all agencies concerned with that subject. Likewise, to the extent feasible, for facilities having more than one Unit, the JTD shall address topics which are germane to all Units at the facility (e.g., the hydrogeology of the facility and surrounding area) in a manner which integrates and incorporates all concerns applicable to each individual Unit and to the facility in general.

(4) JTD Addenda--After July 18, 1997, each submittal made to any permitting agency encompassed by the JTD shall be in the form of a numerically-sequential addendum to the JTD (i.e., Addendum 76 would be followed by Addendum 77). For any given topic being addressed by a given addendum, the discharger shall send a copy of that addendum simultaneously to each permitting agency listing that topic in their agency-specific JTD Index, and shall include an updated JTD page listing for each Water Board JTD index line-item [under (b)] that is addressed by that addendum.

(b) Water Board (JTD) Index--As of July 18, 1997, each RWQCB shall make available to the discharger (both in hard copy and on magnetic media) a JTD index (Water Board Index) listing, by unique line-item number, each topic which the JTD must address to provide the RWQCB information needed to write and adopt or revise WDRs. For each line item (i.e., for each separately listed topic) in the Water Board Index, the discharger shall list all JTD pages (by page number or ranges thereof) addressing that topic. In cases where the preliminary or final closure and post-closure maintenance plan is submitted as a separable part of the JTD, as allowed by §21769(a), the component parts of the plan shall nevertheless be listed as part of the JTD index.

(c) Coordination--Upon the submittal of a new JTD or addendum, the RWQCB shall concentrate the initial review upon those line-items in the Water Board Index which are coded as being of joint interest with other agencies. Regarding all such joint-interest line-items in the Water Board Index, the RWQCB shall coordinate with staff from the other interested agencies, as appropriate, to ensure that WDRs (or proposed changes thereto) do not duplicate or conflict with the requirements of the other agencies.

Note:

Authority cited: 
Section 1058, Water Code. 

Reference: 
Section 13140, 13146, 13172, Water Code; Section 43103, Public Resources Code.

Any operator of a disposal site which is required to submit a RDSI, closure/postclosure maintenance plan, and/or a ROWD or any other report that addresses similar regulatory concerns, may address those requirements under one JTD. The JTD will be used in place of the RDSI only if it meets all the requirements set forth in §21600 and lists where each requirement has been satisfied in the document in the form of a JTD index, pursuant to (c).

(a) After July 18, 1997, any operator of an existing facility who submits an application package to the EA, pursuant to §21570, which proposes to change the facility's operations, or to change the SWFP shall do one of the following:

(1) Submit the updated information as an amendment to the existing JTD along with, a JTD index as described in (c), referencing the new or updated information; or

(2) Submit a complete JTD as described in §21600 along with a JTD index as described in subsection c.

(b) After July 18, 1997, any operator of a new facility that submits an application package to the EA pursuant to §21570, shall submit a complete JTD pursuant to §21600, and an index of the topics addressed in the JTD to be used by the EA as described in (c).

(c) As of July 18, 1997, the operator shall include with the JTD a copy of an index specifically for use by the EA. The page number or the first line number within the JTD which addresses the topic shall be Noted next to that topic in the index. The EA shall make available to the operator either in hard copy and/or on magnetic media a JTD index listing, (Index found in Appendix 2) showing each topic which the JTD must address to provide the EA with relevant facility information for writing or revising the facility permit.

(d) These requirements do not apply to those facilities which have filed a ROWD or RDSI and application for SWFP prior to July 18, 1997. In the event the EA determines the application package for an RDSI first submitted prior to the effective date of these regulations to be incomplete, additional information requested shall be submitted as part of the RDSI and/or application for SWFP, as appropriate.

Note:

Authority Cited:
Sections 40502, 43020, and 43021, Public Resources Code. 

Reference: 
Sections 43000-45802, Public Resources Code.

The JTD shall describe how the facility will comply with Section 20070 of Chapter 1 of this Division, if applicable, and include the specific variance(s) in criteria requested; project research goals; environmental monitoring, contingency and mitigation measures to be implemented for the project; and performance measures to determine to what extent the site is progressing in attaining project goals and protection of public health and safety and the environment. The description shall also include a summary and protocols for: 1. project controls to compare project performance with an equivalent or similar operation or activity not authorized by section 20070; 2. if applicable, processing of materials prior to placement in the MSWLF Unit at the facility; 3. potential accumulation of constituents of concern as defined in section 20164 of Chapter 1 of this Division; 4. if applicable, energy recovery; and 5. if applicable, impacts to postclosure maintenance. The description shall be incorporated in each applicable section of the JTD, in addition to a separate section describing the overall project.

Note:

Authority Cited:
Sections 40502, 43020, and 43021, Public Resources Code. 

Reference:
Sections 40053, 43020, and 43021, Public Resources Code.

(a) In order to obtain a solid waste facility permit, each operator of a disposal site must file with the EA a RDSI as required in §21600 and §21590. The information contained in the RDSI shall be used to determine whether a permit should be issued and to provide information to be included within the permit if applicable. In order to maintain the permit, the operator must file amendments to the RDSI as required in §21665. Such amendments or lack thereof may become the basis for changes in the permit or for revocation of the permit. The submittal shall contain only those items listed in §21570(f) that have changed or otherwise specified by the enforcement agency.

(b) A RDSI shall contain the following:

(1) General

(A) Facility Overview--Provide a statement including the name of the site, the name of the person who will operate the site, the name of the person who owns the land, and a description of the operation cycle.

(B) Site Plan--Provide facility plan(s), including the pre-disposal topography of the site, the facility boundary of the site (clearly illustrating parcels owned by the operator and/or any parcels leased), the total permitted acreage of the site, the acreage of the disposal area, fill sequencing and excavation plans, the extent of any buffer zones between the disposal area and the permitted property boundaries provided by the facility layout, and the vertical limits of the site. The map required for a ROWD/JTD may be used for the RDSI providing all requirements of this subsection are met.

(C) Hours--State the hours and days of operation for the site, including but not limited to maintenance, site operation, receipt of waste, and public and commercial access.

(2) Waste Classification and Management

(A) Waste Types/Volumes--Describe the types of wastes accepted or proposed for acceptance. Estimated waste volumes should be presented, including current daily average and peak daily waste flows as well as a five year projected waste flow. Specific mention shall be made concerning the receipt of liquid, designated, special wastes or hazardous waste, if taken.

(3) Waste Management Unit Classification and Siting

(A) Airport Safety--Provide documentation that the Federal Aviation Administration and appropriate airport officials were notified if a new MSWLF unit or lateral expansion will be sited within a five-mile radius of any airport runway end used by turbojet or piston-type aircraft. Include results of the demonstration requirement, if required by §20270.

(B) Volumetric Capacity--Provide calculations for volumetric capacity of the site expressed in cubic yards, net permitted capacity available for waste disposal, including the amount of capacity consumed by soils used for liner construction, daily and intermediate cover, and final cover, if included in the total capacity given. Attach topographic maps, including the delineation of the site property boundary and the disposal area used for the volumetric calculations and the date of survey. This information shall be certified by a registered civil engineer or registered geologist.

(C) Site Life Estimate--Provide an estimate of the site life based on the capacity of the site and the waste flow projections, and assumptions regarding the compaction density used in life expectancy calculations. Include any other factors which may effect site life (e.g. local restrictions).

(D) Site Location--Describe the site location, referencing a location map highlighting the legal boundaries, points of access, and major access routes for waste deliveries to the site.

(E) Land Use--Describe and provide a plot plan showing land uses and land use zoning for all properties within 1000 feet of the facility boundary shown on a site plan. The site plan must show structures located on these adjacent properties or distances to the nearest structures. The plot plan shall include specific limits of the existing and planned disposal areas, in relationship to the surrounding land use.

(F) Ancillary Facilities--Describe and provide a plot plan showing all ancillary facilities at the site, including, but not limited to, administration buildings, entrance facilities, scales, maintenance structures, and hazardous materials storage areas.

(4) Design and Construction Standards for all Sites

(A) General Design Parameters--Describe how the site design accommodates or provides for the service area, climatological factors, physical setting, soils, drainage, and other pertinent information. The design shall be developed by a registered civil engineer or registered geologist. If the site is to be used by the general public, show how the design accommodates such use.

(B) Design Responsibility--Design of a new disposal site shall be under the direction of a registered civil engineer. The designer shall utilize expert advice as appropriate from persons competent in soils, hydrology, geology, landscape design, chemistry and other disciplines.

(C) Construction Sequencing Plans--Describe sequencing plans showing the anticipated phases of site development. A map showing the topographical contours prior to filling and the existing topographical contours of the permitted boundary.

(D) Grading Plan--Include a grading plan showing the proposed final elevations of the completed disposal site, and excavation depth, including existing and proposed borrow area.

(E) Gas Management Plan--The gas management plan shall include a description of the facility's gas control and monitoring systems. The site plan shall show locations of monitoring wells. The plan shall describe how the facility will comply with §20919 and §20919.5. Describe any possible use of landfill decomposition gases. Reference any additional information provided in the closure plans pursuant to Article 6.

(5) Operating Criteria

(A) Records--Describe the procedures for maintaining accurate records as required in §§20510 and 20515.

(B) Security--Describe how the operator will discourage unauthorized access by persons or vehicles.

(C) Sanitary Facilities--Describe the sanitary facilities available to site personnel and the public.

(D) Communications Systems--Describe the communications systems utilized and emergency communications procedures followed at the site.

(E) Lighting--Describe the locations, numbers, and types of all permanent and portable lighting to assure safety of employees during nighttime operations, if applicable.

(F) Safety Equipment--List personal safety equipment used by operating and maintenance personnel.

(G) Personnel Requirements--State the minimum numbers and qualifications of personnel required for site operations, maintenance, environmental controls, records, emergency, and health and safety.

(H) Personnel Training--Describe the training required by the various personnel identified above and how that training is to be provided in order to comply with §20610.

(I) Supervisory Structure--Describe supervisory structure, including the management organization which will operate the site and the name of supervisor(s).

(J) Spreading and Compaction--Describe the equipment and methods used to spread and compact wastes.

(6) Cover and Beneficial Use

(A) Cover Materials--Provide a plot plan identifying cover material quantities required from on-site sources, excavation sequence of the site and stockpile locations if stockpiled for a significant amount of time. Identify or describe off-site sources or types of cover materials needed for a five year duration if not included on plot plan.

(B) Alternative Daily Cover and Beneficial Reuse--Describe alternative daily cover and beneficial reuse waste types, processing methods, alternative processing or grain size specifications if applicable, operations methods, and applicable engineering, or other standard practices that will be used to ensure compliance with §§20690 and 20695. Estimate the range in tons of these materials that are anticipated to be used, based on waste types, applicable cover to waste volume ratios, applicable density conversion factors, engineering specifications, methods to minimize contamination, or other pertinent information. Materials accepted at the landfill to be used as alternative daily cover or for beneficial reuse shall be weighed upon receipt at landfills which have scales but need not be weighed again prior to placement at the landfill. Appropriate conversion factors for specific materials based on industry standards are acceptable for tracking materials received at landfills which do not have scales.

(C) Cover Frequency--State the cover frequency proposed or the alternative daily cover proposed for use in lieu of soil as daily cover. Provide information regarding compliance with §§20680 and 20695 if applicable.

(D) Intermediate Cover--Describe the operator’s methods for placing intermediate cover on all areas of the landfill which have not received waste for an 180 day or more time frame.

(7) Handling

(A) Public Health Design Parameters--Disposal sites shall be designed in such a manner as to minimize the propagation or harborage of flies, rodents or other vectors, and the creation of nuisances by reason of solid wastes being deposited at the site. Other factors which shall be taken into consideration are air and water quality, noise control, odor control, public safety and other pertinent matters related to the protection of public health.

(B) Salvaging Activities--If salvaging activities are proposed, describe types of materials handled, and procedures to ensure that salvaging and other waste activities are conducted in a planned and controlled manner so they do not interfere with other aspects of site operation. Provide an EA approved list of items which the facility is permitted to salvage. Describe the storage area for salvaged materials generated on-site or imported. Describe the procedures to ensure that salvage is removed at a frequency which will prevent health or fire problems.

(C) Volume Reduction Activities--If volume reduction activities such as baling and shredding are proposed, describe procedures to ensure proposed operations are conducted in a controlled manner so that they do not interfere with proper construction and maintenance of the site, and do not create health, safety or environmental problems.

(D) Equipment--Describe the minimum equipment requirements necessary to assure ongoing compliance with the state minimum standards. List on-site equipment designated as standby, or provide an up-to-date list of firms or agencies which can supply replacement units within a period of time short enough to ensure compliance with all regulatory requirements. Describe preventative maintenance activities for the equipment listed above.

(E) Waste Handling--Describe dimensions of unloading area and unloading practices. Include procedures for handling, unloading and disposal of liquid waste, special waste, or hazardous waste, if accepted.

(8) Controls

(A) Nuisance--Describe procedures to prevent or control public nuisances.

(B) Fire--Describe procedures for handling burning waste and preventing landfill fires.

(C) Leachate--Describe methods for controlling surface leachate to prevent contact with the public.

(D) Dust Control--Describe procedures which will be taken to control and minimize the creation of dust and prevent safety hazards due to obscured visibility.

(E) Vectors--Describe measures to be taken to control or prevent the propagation, harborage or attraction of flies, rodents, or other vectors and to minimize bird problems.

(F) Drainage and Erosion--Provide a conceptual design and description of the drainage system as it pertains to roads, structures and gas monitoring systems, preventing safety hazards and preventing the exposure of waste.

(G) Litter--Describe the collection frequency for controlling litter and windblown materials in order to prevent the accumulation of quantities which cause a public nuisance or other problems. Include the litter control method used, i.e. litter fences, litter crews, etc.

(H) Noise--Describe the methods for ensuring that noise from site operations are controlled to prevent nuisance to persons using the site and nearby residents.

(I) Traffic--Describe the traffic control plan, showing that the traffic flow into, on, and out of the site is controlled to minimize interference and safety problems for traffic on-site and adjacent public streets or roads.

(J) Hazardous Waste--Describe in detail the hazardous waste screening program.

(9) Compilation of approvals--Provide a list of all approvals having jurisdiction over the disposal site.

Note:

Authority cited:
Section 40502, Public Resources Code.

Reference:
Sections 43000 - 45802, Public Resources Code.

At any time after the application package has been submitted and before issuance or denial of the permit or alteration thereof, the applicant shall promptly notify the EA of any changes in any of the information required in the application package. Such notice shall be given by filing two copies of the amendments to the application within seven days of the applicant's first knowledge of the changes. For processing additions, revisions or amendments to the proposed permit and accompanying documents, refer to section 21685(d).

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code .

Reference:
Sections 43103, 44001-44006, Public Resources Code.

If an application is determined not to be complete, the applicant may appeal the decision to the EA within fifteen (15) days of the date of notification. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel or hearing officer designated pursuant to Public Resources Code §§44308 or 44309, whichever is applicable, no later than 60 days after the EA's receipt of the applicant's appeal.

Note:

Authority cited:
Sections 40502 and 43020, Public Resources Code.

Reference:
Sections 43000-45802, Public Resources Code.

(a) This section applies to any operator proposing to make a change in the design (as defined in subsection 21663(a)(1)) or operation (as defined in subsection 21663(a)(2)) of the facility, where such change is subject to the authority of the EA acting pursuant to the Integrated Waste Management Act or regulations promulgated under such Act and one of the following categories apply: (1) Minor Change - the change qualifies as a minor change pursuant to §21620(a)(1), in which case the operator shall comply with §21620(a)(1)(F); (2) RFI Amendment - the EA has determined that an amendment to the RFI is required for the change, in which case the operator shall comply with §21620(a)(2); (3) Modified Permit - the EA has determined that the solid waste facilities permit requires modification pursuant to §21665(d), in which case the operator shall comply with §21620(a)(3); or (4) Revised Permit - the EA has determined that the solid waste facilities permit requires revision pursuant to §21665(e) or §21620(a)(4), in which case the operator shall comply with §21620(a)(4).

This section does not apply to changes to the facility, where such change is not subject to the authority of the EA acting pursuant to the Integrated Waste Management Act or regulations promulgated under such Act.

(1) Minor Changes

An operator may implement a minor change without EA review and approval if all of the criteria set forth in subdivisions (A) through (D) are met and the operator notifies the EA of the minor change as required under subdivision (F):

(A) the change is subject to the authority of the EA acting pursuant to the Integrated Waste Management Act or regulations promulgated under such Act; and

(B) the change is consistent with State minimum standards pursuant to Chapter 3 of this subdivision or applicable minimum standards in Title 14 (commencing with §17200), and including financial assurances and operating liability criteria pursuant to Chapter 6 of this subdivision if applicable; and

(C) the change is consistent with the terms and conditions in the current solid waste facilities permit; and

(D) the change does not conflict with the design and operation of the facility as provided in the current RFI pursuant to §21600, 14 CCR §§17346.5, 17863, 17863.4, 18221.6, 18223.5, or 18227.

(E) Provided that they satisfy the criteria set forth in subdivisions (a)(1)(A - D), minor changes include, but are not limited to, the following:

(i) Correction of typographical errors in any documents/documentation submitted by the owner or operator.

(ii) Changes in the training plan that do not affect the type or decrease the amount of training given to employees.

(iii) Changes in any name and phone number, mailing address, or other contact information that does not include a change of the owner or operator.

(iv) Changes in emergency equipment (e.g., used for spill or release response) with the same functionally equivalent equipment at the same or higher level of quality.

(v) Replacing equipment that consists of functionally equivalent components and specifications as the equipment being replaced, which does not cause any change to location or design from the formerly used equipment.

(vi) Changes in procedures for cleaning or decontamination of facility equipment or structures.

(vii) Changes in tanks used for storage of materials utilized as part of the operation of the facility such as fuel, motor oil, and water without a change in location.

(viii) Changes in the rental company or location of where the back-up equipment may be sought.

(ix) Replacement of an existing environmental or operational monitoring point that has been damaged or rendered inoperable, without change to location or design of the monitoring point.

(x) Updated changes to other regulatory agency documents that are included by reference in a RFI only.

(xi) Changes in containers used for temporary storage of materials separated for recycling.

(xii) Change in narrative information (e.g., background information) outside the permitted boundary.

(xiii) Change to facility signage wording.

(xiv) Changes to improve personnel protective equipment and other safety procedures.

(xv) Changes to traffic patterns on site that do not affect off-site traffic, and/or adjacent properties.

(xvi) Changes to adjacent land use map.

(xvii) Change in location of facility records.

(xviii) Changes in name, address, or phone number of contact in post-closure plan.

(xix) Changes to equipment maintenance operations associated with the operation of the facility.

(xx) Acquisition of property adjacent to the facility if not used for solid waste activities.

(xxi) Updated changes to documents that are included by reference in a permit or RFI.

(xxii) Regulation re-numbering as referenced in RFI.

(F) the operator shall notice the EA at the time of the change or within 30 days after the change has been made, and the following provisions shall apply:

(i) the notice shall be in writing and delivered to the EA by regular mail, e-mail, or fax;

(ii) the operator shall identify the minor change in the notice and indicate the effective date of the change;

(iii) the notice is for informational purposes only and is not subject to EA compliance measures; however, if the EA determines at a later date that the change does not meet the criteria for minor change, the EA shall provide a finding to the operator in writing as to why the change did not qualify as a minor change and the EA shall require the operator to comply with all applicable requirements; and

(iv) During the regular permit review, the EA shall review the minor change notices and determine which should be incorporated into the RFI.

(2) Amendment to Report of Facility Information

For those changes in design or operation that do not qualify under subdivision (a)(1) and that require an amendment to the RFI, the operator shall file an amendment to the RFI with the EA at least 180 days prior to the proposed change unless otherwise determined by the EA. Notwithstanding, the EA may determine, based on consultation with the applicant and review of the RFI amendment, that the change meets the criteria in §21665(c), in which case the applicant may file an application less than 180 days prior to making the proposed change. Proposed RFIs or amendments to the RFI shall be accompanied by an application form. All amendments shall be submitted as specified in §21570. The applicant shall only submit those items listed in §21570(f) that have changed or are proposed to change, unless otherwise specified by the EA. Such amendments or lack thereof may become the basis for changes in the solid waste facilities permit as determined by the EA as described in §21665. The operator shall have the right to appeal the EA's decision before the hearing panel or hearing officer.

(3) Modified Permit

If the change in design or operation does not qualify under subdivision (a)(1) or (a)(2), but does meet the requirements of §21665(d) for a modified solid waste facilities permit, the operator shall submit an application package for a modified solid waste facilities permit pursuant to §21570 which the EA shall process pursuant to §21650.

(4) Revised Permit

All other changes in design or operation require a revised solid waste facilities permit pursuant to §21665(e). The operator shall submit an application package for a solid waste facilities permit revision pursuant to §21570 which shall be processed by the EA pursuant to §21650.

Notwithstanding anything to the contrary in §21665(e), the following changes in design or operation are considered significant and require an application for a revised permit:

(A) Increase in maximum amount of permitted tonnage of all waste received.

(B) Increase in the facility's permitted acreage.

(C) Increase in the permitted hours of operation.

(D) For landfills, increase in permitted disposal footprint and/or permitted (final grade) maximum overall height.

Note: changes relative to only those items described in the RFI and not addressed in the current solid waste facilities permit as written by the LEA may be requested, after consultation, through an application pursuant to §21666. To help better understand the process for RFI amendment, and modified, revised and new solid waste facilities permits, but not supplant the regulations, a flow diagram is provided below:

Note:

Authority Cited:
Sections 40502, 43020, and 43021, Public Resources Code.

Reference:
Sections 43103, 44004 and 44012, Public Resources Code.

(a) Owners and/or operators of a facility who plan to sell, encumber, transfer or convey the ownership or operation of the facility or land to a new owner or operator, or who plan to change their address shall notify the EA and the CIWMB 45 days prior to the anticipated transfer. [Note: Although it is similar to the previous requirement for a change in owner, this significantly reduces the requirements for incorporating a new operator into the SWFP.] This notification shall include names, address(es), where notice can be sent and phone number(s) of the new owner/operator.

(b) The anticipated owner/operator shall provide the following:

(1) Documentation that the anticipated owner/operator meet the financial assurance and operating liability requirements.

(2) A signed affidavit certifying that the anticipated owner/operator has read the governing permit and conditioning documents and will operate in accordance with the existing SWFP terms and conditions and conditioning documents and that all new information submitted is correct.

(3) Amendments to the RFI which reflect the change in owner/operator or address.

(c) any information provided pursuant to (a) shall not be a matter of public record and shall be considered confidential information until such time as the owner encumbers, sells, transfers, or conveys the property.

(d) Every applicant for a permit, every operator of a solid waste facility, and every owner of property on which a facility is located shall notify the EA and the CIWMB of each change of address. Notice shall be given within seven days after the change is effective and shall be given on a form specified by the CIWMB.

Note:

Authority cited:
Sections 40502, 43020, and 43021, Public Resources Code. 

Reference:
Section 6255, Government Code; and Sections 43020, 43021 and 43000-45802, Public Resources Code.

(a) Except as provided in §21680, all full SWFPs shall be reviewed and, if necessary, revised, from the date of last issuance at least once every five years.

(b) No less than 150 days before the permit is due for review, the operator shall submit an application for permit review. The application shall be made in the manner specified in §§21570 and 21590 and shall contain the following:

(1) Identify the proposed changes in design and operation; and

(2) Updated amendments to the Report of Facility Information (RFI);

(3) For disposal sites only, the updated amendments shall include an estimate of the remaining site life and capacity;

(4) For disposal sites only, an amended closure plan as specified in §§21780, 21865, and 21890.

Note:

Authority Cited:
Sections 40502 and 43020, Public Resources Code. 

Reference:
Section 43103 and 44015, Public Resources Code.

Last updated: March 21, 2008