California Department of Resources Recycling and Recovery (CalRecycle) 

Permit Toolbox

Five-Year Permit Review

This page describes the process for conducting the five-year permit review for a solid waste facility permit and provides resources for completing the review process. The process for reviewing full permits is different and separate from the process for reviewing standardized and registration permits.

All issued solid waste facility permits, including full, standardized, and registration tiers, are required to be reviewed and, if necessary, revised at least once every five years [Section 44015 of the Public Resources Code (PRC)]. The Notification Tier is not a permit and, therefore is not required to meet this standard.

The purpose of the permit review is to document any changes in design and operation since the permit was issued, or since the permit was last revised, modified, or reviewed. The permit review should especially note any significant or unauthorized changes that are planned or have occurred at the facility.

Full Permit Review Process

Summary

  • Local Enforcement Agency (LEA) notifies the operator of pending permit review.
  • Operator submits application for permit review and other required documents.
  • LEA reviews permit and relevant documentation.
  • LEA submits permit review report and directives to operator and copies CalRecycle.

Regulatory Requirements

LEA Notification

The LEA is required to notify the operator at least 180 days prior to the full permit review due date (about 6 months before the five-year anniversary of the permit issue date).

Operator Application

The operator is required to submit a Solid Waste Facility Permit Application (CIWMB Form E-1-77) (Excel | PDF) at least 150 days before the permit is due for review.

Finally, the application for permit review should:

  • Identify the proposed changes in design and operation; and 
  • Include updated amendments to the Report of Facility Information (RFI); and
  • For disposal sites only, include an estimate of the remaining site life and capacity.
  • For disposal sites only, Title 27, Section 21865 requires any amendments to the closure and postclosure maintenance plans to be submitted with the permit review.

LEA Review

The purpose of the permit review is to document any changes in design and operation since the permit was issued, or since the permit was last revised or reviewed. The permit review should especially note any significant or unauthorized changes that are planned or have occurred at the facility.

  • LEA Advisory No.21 contains guidance for documenting the LEA findings and conclusions in a Permit Review Report.
  • A Full Permit Review Report Form  (CIWMB Form 678) (Fillable PDF | Word) is available for use by the LEA.
  • In addition to the permit, the LEA should review those items on the full permit "Laundry List", any other documents referenced by the permit, inspection reports, and other documents the LEA deems appropriate.
  • Examples of completed Permit Review Reports are available for reference.
  • When completed, the Permit Review Report should be submitted to the operator.
  • A copy of the permit review report shall be submitted to CalRecycle within 150 days of receipt of the application for permit review.
  • Please take time to look at the list of review questions to help with consideration of all potential changes in design and operation.
  • During the regular permit review, the EA shall review the minor change notices and determine which should be incorporated into the RFI. [Title 27 Section 21620(a)(1)]

LEA Conclusions and Directives to Operator

Depending on the LEA's findings and conclusions, there are four possible directives that can be given to the operator/applicant:

LEA Conclusion(s) Directives to Operator
No changes in design or operation; changes in the terms and conditions are not necessary.  LEA can reissue permit with a new cover page as described in this guidance document. (February 4, 2014)
Change in operator or land owner. Submit owner/operator change notification as specified by Title 27 Section 21630 and LEA Guidance: Owner/Operator Change Processing Procedures
Past minor change notices should be incorporated into the RFI [Title 27 Section 21620(a)(1)] Submit an application for an RFI Amendment
Changes in design and operation meet the criteria of Title 27 Section 21665(c) Submit an application for an RFI Amendment
Changes are "nonmaterial" as specified in Title 27, Section 21563(d)(5) or the SWFP does not need 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 the protect the environment [Title 27 Section 21665(d)]. Submit an application for a modified permit.
Operator has implemented or is proposing significant changes in design or operation as defined in Title 27 Section 21563(d)(6), or other changes that do not meet the criteria for an RFI Amendment or a modified permit [Title 27 Section 21665(e) ] Submit an application for a revised permit.
Examples of completed Permit Review Reports are available for reference.

CalRecycle Tracking

CalRecycle maintains permit review information in its facility files and Solid Waste Information System (SWIS) database, including: notification date, application date, LEA receipt date, LEA determination, and CalRecycle receipt date.

CalRecycle will send the LEA a verification of receipt letter when these documents are received.

Top | Full Permit Laundry List

Standardized and Registration Permit Review Process

Summary

  • The LEA notifies the operator of pending permit review.
  • Operator submits "certification of no change" or application for new permit.
  • LEA reviews documentation and processes new permit.

Regulatory Requirement

LEA Notification

The LEA is required to notify the operator at least 60 days before the registration or standardized permit is due for review (about 2 month before the 5 year anniversary of the permit issue date).

  • A copy of the standardized permit application (CIWMB Form 92) (Word | PDF) or the registration permit (CIWMB Form 81) (Word | PDF)
  • .
  • The notification letter should be copied to CalRecycle.

Operator Application

Depending on the status of the site, the operator shall submit one of the following documents 35 days prior to the permit review due date:

  • If there are no changes in design or operation the operator submits a certification of no change to the LEA.
  • If there are any changes in design or operation the operator submits a new application to the LEA and sends a copy of the application to the local land use planning agency.

Either submittal will result in the LEA processing and issuing a new standardized permit or a new registration permit. The standardized permit will need to be submitted to CalRecycle for review and concurrence.

LEA Review

The LEA will use the new application, or the certification that the facility information has not changed, to process and issue a new standardized permit or a new registration permit. The standardized permit will need to be submitted to CalRecycle for review and concurrence.

CalRecycle Tracking

CalRecycle maintains permit review information in the Solid Waste Information System (SWIS) database, including: notification date, application date, LEA receipt date, LEA determination, and CalRecycle receipt date.

Resources

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Last updated: May 6, 2015
Permit Toolbox, http://www.calrecycle.ca.gov/SWFacilities/Permitting/
Kevin Taylor: Kevin.Taylor@calrecycle.ca.gov (916) 341-6582