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Date: August 28, 1997
To: All Local Enforcement Agencies
As you are aware, the California Code of Regulations Title 27, Division 2 (AB 1220
Regulations), became effective on July 18, 1997. These regulations contain several changes
from the previous regulations for Full Solid Waste Facility Permitting requirements
located in Title 14. This letter is intended to provide some information that may help you
navigate the new regulations and the Solid Waste Facility Permit (permit) process.
The regulations describing the processing of permit application packages that were in
Title 14 section 18200 ET. Seq. is now in Title 27, section 21570 ET. Seq. Remember that
the regulations in Title 27 are applicable only to full permits, with all of the
requirements for tiered permits remaining in Title 14 for now.
The following is a summary of significant new regulations and changes to existing
regulations promulgated by the Integrated Waste Management Board (Board) that relate to
permit processing:
- There is a new joint application form to be used for Solid Waste Facility Permits and
Waste Discharge Requirements. This application form should be used when an applicant is
requesting a new, revised, or modified permit, or is requesting a review for a full
permit. The application form can be found in Appendix 1 of the regulations.
- One of the most significant changes is in section 21570-the "laundry list" of
items in a permit application package (previously found in Title 14 section 18201.) Fewer
items are now required to be included in a complete application package.
- A Report of Disposal Site Information (RDSI) may now need to be submitted in the form of
a Joint Technical Document (JTD). You should refer to section 21590 for details. This
section states that "The EA shall make available to the operator either in hard copy
and/or magnetic media a JTD index listing". A copy of a JTD index was included with
the copy of the regulations that were sent to the LEAs on July 18. It should be inserted
in Appendix 2 of the regulations. Please remember that the Regional Board's JTD index
requirements may need to be met by the applicant.
- The information that needs to be contained in an RDSI has also changed. The list of
requirements can be found in section 21600.
- The EA Processing Requirements have also changed, and are included in section 21650.
When application packages are submitted to the Board, they are now required to include
"a certification from the EA that the permit application package is complete and
correct, including a statement that the RFI meets the requirements of section 21600."
The definitions of complete and correct can be found in section 21563(d)(1) and (2) and
section 21570(f). Another new requirement is that a copy of the most recent permit review
report be included in the application package. There must also be a statement from the EA
"that the proposed permit is consistent with and is supported by existing CEQA
analysis, or information regarding the progress toward CEQA compliance."
- A new section has been added, Processing Report of Facility Information (RFI) Amendments
(section 21665). This section outlines the procedure to be used in processing RFI
amendments. Local Enforcement Agencies will now make a determination as to whether or not
the RFI amendments are the basis for changes in the permit and will submit that
determination to the Board.
- The regulation to process changes in facility owner, operator and /or address for a full
permit has been simplified and is found in section 21670.
- Lastly, the Board will no longer notify an operator with a full permit that a five-year
permit review is due. The responsibility to give notice to the operator of the five-year
review has been changed to the LEAs. Information regarding this is found in section
21675.
I hope this summary will assist you in understanding the changes taking place in the
permit program as a result of the new Title 27 regulations. I encourage you to become
familiar with them. We will be conducting training sessions on these regulations in the
near future.
You may also find information related to the Title 27 regulations on the 1220 Topic
Page found on the Board's Home Page. The address is
http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/1997/AB1220/.
If you have any questions or need additional information, please call me at (916)
341-6360, or contact your permits branch representative.
Sincerely,
Original signed by:
Dorothy Rice
Deputy Director
Permitting and Enforcement Division
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