California Department of Resources Recycling and Recovery (CalRecycle) 

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 3.0. Regulatory Tier Requirements

Section 18100. Scope.

(a) This Article sets forth the method of application for a tiered solid waste facilities permit, procedures for review and action on an application package, and other requirements associated with regulatory tiers. This Article also includes provisions regarding permit maintenance following issuance and other requirements associated with solid waste handling operations. Similar provisions regarding a full solid waste facilities permit can be found in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0 - 3.2 of the California Code of Regulations (commencing with section 21570).

(b) The provisions of this Article shall apply only to those operations and facilities as specified in the minimum standards set forth in Chapters 3.0, 3.1 or 3.2 of Division 7 of this Title.

(c) The submittal of an enforcement agency notification (in accordance with section 18103) or issuance of a tiered permit supersedes any previously submitted enforcement agency notification or issued tiered permit.

(d) Specific provisions relating to the different types of regulatory tiers may be found below as follows:

(1) Excluded 18102
(2) Enforcement Agency Notification 18103 - 18103.3
(3) Registration Permit 18104 - 18104.9; and
(4) Standardized Permit 18105 - 18105.11.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18101. Definitions.

Unless incorporated by reference or by statute, the definitions in this Article govern only the construction of this Article.

(a) "Acceptance for filing" means the enforcement agency has determined that the application is complete and correct and the specified permit action time frames contained in this Article commence.

(b) "Annual loading" is the maximum amount of waste/material to be handled by an operation annually.

(c) "Change in operation" means any change to a facility's operations noted in the application, including, but not limited to, change in facility description, change in materials handled, change in quantity of material handled, or change in operating hours in which the operator intends to operate outside of normal business hours.

(d) "Complete" means all information required as part of a solid waste facilities permit application submitted pursuant to this Article has been provided.

(e) "Correct" means all information provided by the applicant as part of a solid waste facilities permit application submitted pursuant to this Article is accurate, exact, and fully provides the applicable filing requirement information for the solid waste facility for which a permit is being sought.

(f) A "full permit" is a solid waste facilities permit obtained pursuant to procedures set forth in Article 3.1 of this Chapter.

(g) A "location map" means a map showing the general location of the operation at a scale size minimally equivalent to 1:24,000 USGS topological quadrangle.

(h) "Operation" means the receipt and processing of solid waste.

(i) "Peak loading" is the largest projected waste/material quantity to be received by an operation on any day of operation.

(j) "Regulatory tier" is a type of regulatory oversight pursuant to procedures set forth in this Article and Article 3.1. Tier types include: excluded, enforcement agency notification, registration permit, standardized permit, and full permit.

(k) A "site map" means a map showing the existing or planned layout of the operations, including, but not limited to, operations areas and their relationships to property boundaries, buffer zones, adjacent land uses, proposed drainage systems, any excavation areas, site access, and any other portions of the site dedicated to a specific use. The site map shall be at a scale size of 1" = 200', and indicate the zoning within 1000', of the facility. Where feasible, structures located on adjacent properties should be identified on the site map or location and distances to the nearest structures shall be included.

(l) A "tiered permit" is a type of solid waste facilities permit obtained pursuant to procedures set forth in Articles 3.0 and 3.1 of this Chapter. A tiered permit is a solid waste facilities permit other than a full permit with reduced application and permit processing requirements.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18102. Excluded Solid Waste Handling.

Operators of excluded operations designated by the minimum standards set forth in Division 7 of this Title are not required to notify the enforcement agency or submit an application for a solid waste facilities permit. Nothing in this section precludes the enforcement agency or the Department from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies as an excluded operation or taking any appropriate enforcement action.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code.
Reference: Sections 43020, 44100(a), 44101(a), and 45200, Public Resources Code.


Section 18103. Enforcement Agency Notification

(a) The enforcement agency notification provisions of this Article shall apply only to operations as specified in the minimum standards set forth in Chapters 3, 3.1 or 3.2 of Division 7 of this Title.

(b) Sections 18103.1 through 18103.3 establish the requirements for compliance with enforcement agency notification as follows:

(1) Filing Requirements section 18103.1;

(2) Record Keeping Requirements section 18103.2; and

(3) Termination of Operation section 18103.3.

(c) Operations authorized to use the enforcement agency notification tier are required to operate in accordance with the minimum standards set forth in Chapters 3, 3.1 or 3.2 of Division 7 applicable to that operation.

(d) Nothing in this section precludes the enforcement agency or the Department from the following: inspecting an operation to verify that the operation is being conducted in a manner that qualifies for the enforcement agency notification tier; inspecting to verify that the operation is in compliance with the minimum standards; or, taking any appropriate enforcement action, including the use of a 'notice and order.'

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code.
Reference: Sections 43020, 44100(a), 44101(a), and 45200, Public Resources Code.


Section 18103.1. Filing Requirements.

(a) Any operator proposing to engage in solid waste handling pursuant to an enforcement agency notification shall notify the enforcement agency of its intent to operate in writing prior to commencing operations. This written notification shall be legible and include the following information:

(1) The name, address, and phone number of the proposed operation; the name, address, and phone number where the operator can be contacted if these differ from the operation site; and, the name, address, and phone number of the owner if these differ from the operator.

(2) The section in Chapters 3, 3.1 or 3.2 of Division 7 of this Title authorizing eligibility for this tier and a description of the facility's operations, including but not limited to, volume and types of wastes/material handled, peak and annual loading, and hours of operation.

(3) Documentation that the operator has notified the local planning department with jurisdiction over the site of its intent to commence operations. Documentation may include proof of compliance with CEQA, correspondence from the local planning department that compliance with the California Environmental Quality Act is not required for the operation to obtain local land use approval or written notice to the local planning department of the operator's intent to commence operations.

(4) A statement by the owner and operator certifying under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief.

(b) The notification shall be mailed to the enforcement agency "return receipt requested."

Note:

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


Section 18103.2. Record Keeping Requirements.

The enforcement agency shall retain the notification received pursuant to section 18103.1 which shall be publicly available during normal business hours. The enforcement agency shall forward a copy of the notification to the Department within five days of receipt. The enforcement agency shall retain a copy of the notification for a minimum of one year after the facility is known to have ceased operations.

Note:

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


Section 18103.3. Termination of Operation.

Any person intending to cease operations shall notify the enforcement agency in writing at least 15 days prior to the cessation of operations.

Note:

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


18104. Registration Permit.

(a) The registration permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3, 3.1 or 3.2 of Division 7 of this Title.

(b) A registration permit shall be deemed to incorporated by reference, as terms and conditions of the permit, all minimum standards applicable to it, as set forth in Chapters 3, 3.1 or 3.2 of Division 7.

(c) Sections 18104.1 through 18104.9 establish the requirements for a registration permit as follows:

(1) Filing Requirements section 18104.1;
(2) Enforcement Agency Processing Requirements section 18104.2;
(3) Record Keeping Requirements section 18104.3;
(4) Completeness Appeal section 18104.4;
(5) Change in Operation section 18104.5;
(6) Change in Owner section 18104.6;
(7) Permit Review & Reissuance section 18104.7;
(8) Suspend/Revoke section 18104.8, and
(9) Voiding of a Registration Permit section 18104.9.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, 43000-45802, and 50000-50002, Public Resources Code.


Section 18104.1. Filing Requirements.

Any operator proposing to operate a solid waste facility pursuant to a registration permit shall file an application using form CIWMB 83 "Registration Permit Application" (rev. 12/96), which is incorporated herein by reference, with the enforcement agency. The application shall be accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code Section 44006(c). (See Appendix A.) This application shall contain the following information:

(a) The name and address of the enforcement agency, and the section in Chapters 3, 3.1 or 3.2 of Division 7 of this Title authorizing eligibility for this tier.

(b) General description of the facility including, but not limited to name, location, site map, and location map.

(c) Facility information, including, but not limited to, volume and type of waste/material handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area.

(d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner.

(e) Conformance finding information as follows:

(1) Until a countywide or regional agency integrated waste management plan has been approved by the Department, 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 Section 50000; and that the facility is consistent with the city or county General Plan.

(2) After a countywide or regional agency integrated waste management plan has been approved by the Department, 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 to be identified in any of these elements pursuant to Public Resources Code Section 50001.

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

(g) Evidence that the application form was provided to the director of the local agency that oversees local use planning for the jurisdiction in which the site is located.

(h) 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 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, 43000-45802, and 50000-50002, Public Resources Code.


Section 18104.2. Enforcement Agency Processing Requirements.

(a) Upon receipt of an application filed pursuant to Section 18104.1, the enforcement agency shall mark the application with the date of receipt.

(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.

(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of Section 18104.1.

(d) If the enforcement agency finds the application is complete and correct pursuant to Section 18104.1, it shall be accepted for filing and stamped with the date and time of acceptance.

(e) The enforcement agency shall provide notice pursuant to Title 27 Section 21660.3 prior to issuance of the solid waste facilities permit.

(f) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed form CIWMB 81 "Registration Permit" (rev. 1/95), which is incorporated herein by reference, to the applicant. Form CIWMB 81, along with a copy of the accepted application, must be mailed to the applicant within five days of filing. (See Appendix A.)

(g) The enforcement agency shall provide a copy of the registration permit to the Department and to any person who has so requested in writing.

(h) If the enforcement agency finds that the application is not complete and correct pursuant to 18104.1, it shall not be accepted for filing. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant within five days.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18104.3. Record Keeping Requirements.

(a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.

(b) Written public comments on an application shall be retained by the enforcement agency.

(c) The enforcement agency shall forward copies of any written public comments received on an application to the Department with the registration permit submitted pursuant to section 18104.2(f).

(d) Subsequent to the transmittal of the registration permit to the Department, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the Department unless the comment clearly states that a copy has already been provided to the Department.

(e) If an application is denied, the enforcement agency shall retain public comments received on that application for a period of 2 years. If a previously denied permit is approved, all comments received shall be forwarded to the Department with the copy of the registration permit submitted under subsection (c) above.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18104.4. Completeness Appeal.

If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. 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 section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18104.5. Change in Operation.

A new registration permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18104.6. Change in Owner.

(a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the Department within five days of receipt.

(b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code and Section 6255, Government Code.


Section 18104.7. Permit Review & Reissuance.

(a) Every registration permit shall be reviewed at least once every five years from the date of issuance or reissuance.

(b) The enforcement agency shall notify the operator 60 days before the registration permit is due for review.

(c) No fewer than 35 days before the registration permit is due for review, the operator shall submit either a certification that the information contained in the controlling registration permit is current, or shall file a new application pursuant to Section 18104.1.

(d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to Section 18104.1, the enforcement agency shall follow the procedures set forth in Sections 18104.2 and 18104.3.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 44015, Public Resources Code.


Section 18104.8. Suspend/Revoke.

Any registration permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Articles 2, Chapter 4 of the Public Resources Code (section 44305 et seq.).

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 44305-44310, Public Resources Code.


Section 18104.9. Voiding of a Registration Permit.

Every registration permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the Department within 7 days. "Cessation of operations" does not include temporary operational shutdowns which are seasonal or intermittent in nature.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105. Standardized Permit.

(a) The standardized permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3, 3.1 or 3.2 of Division 7 of the Title.

(b) A standardized permit obtained pursuant to this Article shall contain only those terms and conditions applicable to the type of facility receiving it as set out in the minimum standards for that type of facility.

(c) Sections 18105.1 through 18105.11 establish the requirements for a standardized permit as follows:

(1) Filing Requirements section 18105.1;
(2) Enforcement Agency Processing Requirements section 18105.2;
(3) Record Keeping Requirements section 18105.3;
(4) Completeness Appeal section 18105.4;
(5) Department Processing Requirements section 18105.5;
(6) Appeal of Decision section 18105.6;
(7) Change in Operation section 18105.7;
(8) Change in Owner section 18105.8;
(9) Permit Review section 18105.9;
(10) Suspend/Revoke section 18105.10; and
(11)Voiding of a Standardized Permit section 18105.11.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.1. Filing Requirements.

Any operator proposing to operate a solid waste facility eligible for a standardized permit shall file an application in duplicate with the enforcement agency accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code Section 44006(c). This application shall contain the following information:

(a) The name and address of the enforcement agency, and the section in Chapters 3, 3.1 or 3.2 of Division 7 of this Title authorizing eligibility for this tier.

(b) General description of the facility including, but not limited to name, location, site map, and location map.

(c) Facility information, including, but not limited to, volume and types of waste/material handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area.

(d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served on the operator and owner.

(e) A Report of Facility Information that contains all of the information required by the applicable section(s) of Article 3.2, Chapter 5, of this Division.

(f) One of the following:

(1) Evidence that there has been compliance with the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, regarding the facility; or,

(2) Information on the status of the application's compliance with the California Environmental Quality Act regarding the facility. Once there has been compliance with the California Environmental Quality Act regarding the facility, evidence of compliance shall be submitted to the enforcement agency.

(g) Conformance finding information as follows:

(1) Until a countywide or regional agency integrated waste management plan has been approved by the Department, 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 section 50000; and that the facility is consistent with the city or county General Plan.

(2) After a countywide or regional agency integrated waste management plan has been approved by the Department, 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 Section 50001.

(h) 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.

(i) Evidence that the application form was provided to the director of the local agency that oversees local use planning for jurisdiction in which the site is located.

(j) 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 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, 43000-45802, and 50000-50002, Public Resources Code.


Section 18105.2. Enforcement Agency Processing Requirements.

(a) Upon receipt of an application filed pursuant to Section 18105.1, the enforcement agency shall mark the application with the date of receipt.

(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.

(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of Section 18105.1.

(d) If the enforcement agency finds the application is complete and correct pursuant to 18105.1(a-e) and (g-h), it shall be accepted for filing.

(e) The application shall be stamped with the date and time of acceptance.

(f) If the enforcement agency finds that the application is not complete and correct pursuant to 18105.1(a-e) and (g-h), it shall not be accepted for filing. A copy of the rejected application accompanied by explanation shall be mailed to the applicant within five days.

(g) Within fifteen days of acceptance of an application for filing:

(1) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized solid waste facilities permit terms and conditions.

(2) The enforcement agency shall provide notice pursuant to Title 27 Section 21660.3.

(3) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (g)(1) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the Department. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the Department. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has so requested in writing.

(4) If the enforcement agency finds that the application or facility do not meet the requirements set forth in subdivision (g)(1) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant.

(h) If evidence of compliance with the California Environmental Quality Act, as required by Section 18105.1(f), has not been submitted within 15 days of acceptance of the application as complete, then the decision required by Section 18105.2(g) shall be held in abeyance until compliance with this requirement has been demonstrated. Unless waived by the applicant pursuant to Public Resources Code Section 44008, if evidence of compliance with the California Environmental Quality Act has not been submitted within 120 days of the application's acceptance for filing, the enforcement agency shall reject the application and not issue the standardized permit.

(i) Once the Department has concurred in the issuance of the proposed standardized permit, pursuant to Section 18105.5, the enforcement agency shall issue the standardized permit.

(j) If the Department objects to the proposed standardized permit, the enforcement agency shall notify the applicant in writing of the Department's decision, and the reasons for that decision, within five days of receipt of that decision.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.3. Record Keeping Requirements.

(a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.

(b) Written public comments on an application shall be retained by the enforcement agency.

(c) The enforcement agency shall forward copies of any written public comments received on a pending application to the Department with the proposed standardized permit submitted pursuant to section 18105.2(g).

(d) Subsequent to the transmittal of the proposed standardized permit, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the Department, unless the comment clearly states that a copy has already been provided to the Department.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.4. Completeness Appeal.

If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. 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 section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.5. Department Processing Requirements.

(a) The Department shall mark the proposed standardized permit with the date of receipt.

(b) The Department shall evaluate the application package and the proposed standardized permit for compliance with the requirements set forth by section 18105.1 and 18105.2(g).

(c) Within 30 days of receipt of a proposed standardized permit, the Department shall either concur in or object to the issuance of the proposed standardized permit.

(d) If the proposed standardized permit contains terms and conditions not authorized by the minimum standards and the permit is otherwise in conformance with these regulations, any additional unauthorized terms and conditions shall be stricken. The Department shall concur in the edited standardized permit.

(e) Within 7 days of the decision to concur in or object to a proposed standardized permit, the Department shall notify the enforcement agency of its determination in writing. If the Department objects, the reasons for the objection shall be provided to the enforcement agency.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.6. Appeal of Decision.

(a) Any applicant may appeal the decision of the enforcement agency taken pursuant to section 18105.2(g)(3) or of the Department taken pursuant to section 18105.5 to the enforcement agency within 15 days of the date that the decision was received. 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 section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.7. Change in Operation.

A new standardized permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.


Section 18105.8. Change in Owner.

(a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the Department within five days of receipt.

(b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs.

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.


Section 18105.9. Permit Review and Reissuance.

(a) Every standardized permit shall be reviewed at least once every five years from the date of issuance or reissuance.

(b) The enforcement agency shall notify the operator 60 days before the standardized permit is due for review.

(c) No fewer than 35 days before the standardized permit is due for review, the operator shall submit either a certification that the information contained in the controlling solid waste facilities permit is current, or shall file a new application pursuant to Section 18105.1.

(d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to Section 18105.1, the enforcement agency shall follow the procedures set forth in Sections 18105.2 and 18105.3 and the Department shall follow the procedures set forth in Section 18105.5.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 44015, Public Resources Code.


Section 18105.10. Suspend/Revoke.

Any standardized permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Articles 2 and 3, Chapter 4 of the Public Resources Code (section 44305 et seq.).

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 44305-44310, Public Resources Code.


Section 18105.11. Voiding of a Standardized Permit.

Every standardized permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the Department within 7 days. "Cessation of operations" does not include temporary operational shutdowns which are seasonal or intermittent in nature.

Note:

Authority cited: Sections 40502, 43020, and 43021, Public Resources Code.
Reference: Sections 43020, 43021, and 43000-45802, Public Resources Code.

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