Local Enforcement Agency Correspondence

Board Policy--Solid Waste Facility Permit Processing Filing Dates

Date: June 30, 1998

To: All Local Enforcement Agencies

At its April 28, 1998 meeting, the California Integrated Waste Management Board (Board) considered numerous alternatives for when the Board receives and hears proposed permits. These alternatives particularly focused on possible time schedule adjustments for the Board's receipt of proposed solid waste facility permits. Options considered included changes in statute, changes in regulation, and the development of a policy. The Board unanimously chose the option of developing a Board Policy to establish reasonable solid waste facility permit submittal dates, as a means of reinforcing our working relationship with the Local Enforcement Agencies.

The Board, by adopting this policy rather than pursuing statutory or regulatory changes, is addressing its desire to create a calendar indicating its preferred solid waste facility permit application filing schedule deadlines. This policy optimizes staff’s available time for processing solid waste facility permit applications, and should be helpful to operators and LEAs when considering the acceptance of applications and the submittal of proposed permits to the Board.

Both LEAs and Board staff are required to process solid waste facility permits within specific timeframes found in statute and regulation. The LEAs timeclock starts when the permit application is received, and is finalized when the permit application is deemed complete. The Board’s 60-day timeclock begins when the proposed permit is received.

Unfortunately, Board staff’s time available to evaluate and process the permit package is usually significantly less than 60 days, depending on the Board’s regularly scheduled monthly meetings. Often, this reduction in time has impeded staff’s ability to work with other Board program areas, the LEAs, and the operators in expeditiously processing the proposed permit and making a recommendation to either the Permitting and Enforcement Committee or to the Board.

The attached table (Excel 5.0, 25 KB) shows the Board’s preferred submittal dates. It is important to note the Permitting and Enforcement Committee agenda item due dates. That is when the bulk of staff’s work must be completed by. The first two columns identify the Board Meeting dates and P&E Committee Meeting dates scheduled for the remainder of this calendar year. Based on those dates, the third column shows the approximate date that staff must have its agenda item for the proposed permit completed and submitted for the P&E Committee.

The final column identifies the Board’s preferred filing schedule period for receiving proposed permits, to allow the maximum use of available preparation time. These dates coincide with the period 60-days prior to a scheduled Board meeting, and allow a one-week buffer. This schedule optimizes staff’s time available for processing the permit package, and time available for working with the LEAs, other Board program areas, other local jurisdiction agencies, and the applicant.

We hope that the information contained herein will be useful as a permit processing planning tool and to reduce the complications experienced when working within compressed timeframes. Our joint efforts in planning and working cooperatively in a timeframe that allows for the resolution of outstanding issues prior to the date when the Committee agenda items are due should result in an increased number of uncontested permits going forward to the Board.

I would like to emphasize the importance of the timing of proposed permit submittals. It is the Board’s desire that all solid waste facility permits be considered at the P&E Committee. To ensure this is done, it is very important for LEAs and Board staff to coordinate submittal dates.

I would also like to emphasize that this is a Board policy, not a regulation nor are we considering statutory or regulatory changes at this time. I am asking that the LEAs be cognizant of the timeframes they lock themselves and others into when accepting and determining an application complete. Processing the application is a real team effort, and we are all part of that team.

Please call your Permitting and Inspections Branch contact person on the attached county contact listing if you have any comments or questions. We welcome your thoughts on assisting us in streamlining the permitting process.

Sincerely,

Original signed by:

Daniel G. Pennington
Chairman

Attachments (Excel 5.0, 25 KB)

cc: Board Members
     Ralph E. Chandler, Executive Director, CIWMB

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