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 3.1 Application for Solid Waste Facilities Permits

Section 18200. Repealed.

Section 18200.1. Repealed.

Section 18201. Repealed.

Section 18202. Repealed.

Section 18203. Repealed.

Section 18204. Repealed.

Section 18205. Repealed.

Section 18206. Repealed.

Section 18207. Repealed.


Section 18208. Issuance of Permit; Final Environmental Determination.

(a) Upon compliance with the Act and this article, and upon the concurrence of the board, the enforcement agency may make findings and issue the permit as provided in subsection (a) of Public Resources Code section 44014. The permit shall specify the person authorized to operate the facility and the boundaries of the facility. The permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the enforcement agency and the board the ability to control the adverse environmental effects of the facility.

(1) As used herein, "design" means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site or total throughput rate of a transfer/processing station, transformation facility, or composting facility vehicular traffic flow, and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration.

(2) As used herein, "operation" means the procedures, personnel, and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment.

(b) (Reserved)

(c) Copies of the permit (including conditions specified therein), findings, and any document setting forth the enforcement agency's final environmental determination shall be provided the board and any person who has requested in writing that such copies be provided.

Comment: In filing an application for a new permit or permit revision, the applicant will be required to specify the proposed design and operation of the facility, to describe any anticipated environmental consequences of the specified design and operation, and to propose measures to minimize and mitigate any adverse environmental effects. The permit that is issued would specify the measures found by the agency to be necessary, for a facility of given design and operation, to satisfy the requirements of the Act for protection of the environment. Accordingly, the permit would limit the facility to the design and operation that corresponds to those measures. Any significant change in design or operation would require revision of the permit. See section 18211. In order to avoid the need to revise a permit for each minor change in operation, the conditions should be drafted to accommodate fluctuations without requiring a permit revision, so long as such changes do not necessitate additional measures to control their environmental effects.

Note:

Authority cited: Sections 40502 and 43200, Public Resources Code.
Reference: Sections 44012 and 44014, Public Resources Code.


Section 18209. Denial of Permit.

(a) The enforcement agency shall deny the permit when any of the following occur:

(1) The enforcement agency determines that the proposed facility is not consistent with the county solid waste management plan or cannot conform to the state standards.

(2) The Board has objected to the proposed permit. and either:

(A) there are less than 45 days remaining before the statutory deadline for action on the application and the applicant declines to waive the deadline; or

(B) the enforcement agency determines that it will be impossible to propose a permit that will be mutually satisfactory to the enforcement agency, the board, and the applicant. The enforcement agency may deny the permit under any other circumstances provided by law.

(b) Upon denial of a permit, the enforcement agency shall give written notice of the denial to the applicant, the board, and any other person who has requested in writing that such notice be given. Notice to the applicant shall be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel or hearing officer.

(c) An applicant who desires a hearing on the denial of a permit shall file with the enforcement agency a written request for a hearing. The enforcement agency shall provide the board with copies of the request, the statement of issues, and the notice of defense within five business days of service upon the applicant.

Note:

Authority cited: Sections 40502 and 43020, Public Resources Code.
Reference: Sections 44007-44017 and 44300, Public Resources Code.


Section 18210. Repealed.

Section 18211. Repealed.

Section 18212. Repealed.

Section 18213. Repealed.

Section 18215. Repealed.

Section 18216. Repealed.

Section 18217. Repealed.


Article 3.1.1 Temporary Solid Waste Facilities Permits [Repealed]

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Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
Legal Office: LegalSec@CalRecycle.ca.gov (916) 327-0089