State California Regulations TITLE 27. ENVIRONMENTAL PROTECTION DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES database is current through 09/22/06, Register 2006, No. 38 s 10010. General Provisions - Incorporation by Reference of Standard Conflict of Interest Code. The Political Reform Act (Government Code Sections 81000, et. seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730) which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference into an agency's code. After public notice, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated herein by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Office of the Secretary for Environmental Protection Agency of California. Designated employees shall file their statements with the agency who will make the statements available for public inspection and reproduction. (Government Code Section 81008). Upon receipt of the statement(s) for Agency Secretary, Chief of Staff, Undersecretary, Deputy Secretaries and Assistant Secretaries, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. Appendix Category I. (I) Agency Secretary, Undersecretary, Deputy Secretaries, Assistant Secretaries, Officers, Counsels, Chiefs, Scientists, Managers, Directors, Associate Governmental Program Analysts, Agency Information Officer, members of the Hazardous Materials Appeal Board, and Consultants [FNa1]. (II) Every person in this Category must report: all sources of income, interests in real property and investments, and business positions in a business entity. [FNa1] With respect to consultants the Agency Secretary or his designee, may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and therefore is not required to fully comply with the disclosure requirements described in this section. Such written determinations shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Agency Secretary's or his designee's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Category II. (I) Analysts, Information Systems Technicians, and Engineers. (II) Every person in this Category must report: all investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit, or licensing authority of the California Environmental Protection Agency. Category III. (I) Administrative Assistants, Executive Secretaries and Executive Assistants. (II) Every person in this Category must report: all investments and business positions in business entities, and sources of income which provide services, supplies, materials machinery or equipment of the type utilized by the California Environmental Protection Agency. List of Designated Positions Disclosure Categories Agency Secretary 1 Undersecretary 1 Deputy Secretaries 1 Assistant Secretaries 1 Officers 1 Counsels 1 Chiefs 1 Scientists 1 Directors 1 Managers 1 Associate Governmental Program Analysts 1 Agency Information Officer 1 Board Members (i.e. Hazardous Waste Appeals Board) 1 Consultants 1 Analysts 1 Information Systems Technicians 2 Engineers 2 Administrative Assistants 3 Executive Secretaries 3 Executive Assistants 3 Category 1 All sources of income, interests in real property and investments, and business positions in business entities. Category 2 All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit, or licensing authority of the California Environmental Protection Agency. Category 3 Investments and business positions in business entities, and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the California Environmental Protection Agency. ________ [FNa1] With respect to consultants, the Agency Secretary, however, may determine in writing that a particular consultant, although in a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Agency Secretary's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Note: Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300, 87301, 87302 and 87500, Government Code; and Section 18730 of Title 2, Division 6 of California Code of Regulations. s 10011. Scope of Article. These regulations apply to applicants seeking Environmental Enforcement and Training Act grants under the Environmental Enforcement and Training Grant Program established by the Secretary of the California Environmental Protection Agency. The regulations in this Article provide the following as required by Penal Code section 14301: (a) Describe procedures for applying for Environmental Enforcement and Training Act grants. (b) Describe criteria to be used in determining which applications will be funded. (c) Describe the administrative and fiscal requirements governing the receipt and expenditure of Environmental Enforcement and Training Act grant funds. Note: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code. s 10012. Definitions. (a) The definitions contained in Section 14300(b) of the Penal Code are incorporated herein by reference. (b) "Cal/EPA" means the California Environmental Protection Agency Note: Authority cited: Section 14301, Penal Code. Reference: Section 14300(b), Penal Code. s 10013. General Provisions. (a) These regulations implement provisions in the Environmental Enforcement and Training Act of 2002. The Act created a potential funding source for California environmental training, investigation and enforcement activities. The Secretary has established the Environmental Enforcement and Training Grant Program to allocate and award funds, upon appropriation by the Legislature, to public agencies or private nonprofit organizations for purposes of supporting and enhancing statewide environmental enforcement and training programs for peace officers, firefighters, investigators, state and local environmental regulators, and public prosecutors pursuant to Penal Code section 14301, et seq. (b) The Environmental Enforcement and Training Grant Program funds are derived from the Environmental Enforcement and Training Account. This Account may provide up to two million dollars ($2,000,000) annually for distribution by the Secretary, upon appropriation by the Legislature, as follows: (1) Twenty-five percent or one hundred thousand dollars ($100,000) whichever is less to the Commission on Peace Officer Standards and Training. (2) Twenty-five percent to the Environmental Circuit Prosecutor Project through the California District Attorney's Association. (3) Twenty-five percent to the California District Attorneys Association. (4) Twenty-five percent to the Secretary for discretionary grants as allowed by Penal Code commencing with sections 14306 or 14309 based on demonstrated need or in order to sustain the current level of presence and enforcement for those programs. (c) The Secretary shall consult with the Commission on Peace Officer Standards and Training prior to providing any grant funds for peace officer education and training programs. Note: Authority cited: Section 14301, Penal Code. Reference: Sections: 14300(c), 14300(d), 14301(a)(3), 14301(c), 14303(a), 14314(a), 14314(b), 14314(c) and 14314(d), Penal Code. s 10014. Purpose of the Environmental Enforcement and Training Grant Program. The Secretary has established the Environmental Enforcement and Training Grant Program in order to provide financial assistance for statewide enforcement and training programs to enhance enforcement of environmental laws. Under this program, the Secretary is authorized to award both mandatory and discretionary training and enforcement grants. (a) Upon appropriation, grant funds shall be awarded by the Secretary to: 1) the Commission on Peace Officer Standards and Training; 2) the Environmental Circuit Prosecutor Project through the California District Attorney's Association; and 3) the California District Attorneys Association in accordance with the Act and these regulations. (b) Discretionary grant funds may be awarded by the Secretary to public agencies or private nonprofit organizations and local environmental regulators in accordance with the Act and these regulations. Note: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 14314(d)(1), Penal Code. s 10015. Procedures for Applying for Discretionary Environmental Enforcement and Training Act Grants. (a) To apply for an enforcement and training grant under this program, qualified entities must complete an application as specified by the Secretary. The application will require the following information: (1) The organization's name, physical mailing address and post office box, telephone and fax numbers, and e-mail and web page addresses. (2) The application must be signed by a person duly authorized by the applicant organization and provide the authorized person's telephone and fax numbers, and e-mail address. (3) The name of the person with day-to-day responsibility for the project (if different from authorized representative) and that person's telephone and fax numbers, and e-mail address. (4) A narrative/work plan that describes the applicant's proposed project. The narrative/work plan must contain the following information: (A) Identify the environmental enforcement and/or training objectives to be addressed by the project. (B) Identify the enforcement and/or training target audience. (C) Identify the environmental statutes/acts addressed by the project. (D) Provide a concise introduction that states the nature of the organization including documentation to support the organizations non-profit status. (E) Identify how long the organization has been in existence. (F) Describe how the organization has been successful in the past. (G) Describe the environmental justice component of the program required by Section 10016(b)(3), or the reason(s) such a component is not included in the project. (H) Provide project completion plans/time frames, and expected results. (I) Provide a conclusion discussing how the applicant will evaluate and measure the success of the project, including the anticipated benefits and challenges in implementing the project. (J) Provide budget figures/projections to support the work-plan narrative. (K) Provide a succinct explanation of how the project may serve as a model in other settings. (L) Provide an appendix with resumes of key personnel who will be significantly involved in the project, including the project lead. (M) Provide letter(s) of commitment if your proposed project includes the significant involvement of other organizations. Note: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 14314(d)(1), Penal Code. s 10016. Eligibility, Criteria, Review and Selection Process. (a) Eligibility. (1) Individuals are not eligible to receive grants. (2) Any private nonprofit or public entity may submit an application for discretionary grants. (3) Applicants that have previously received grant funds may be eligible for future grant awards. (4) Organizations that have not received previous grants under the Environmental Enforcement and Training Grant program may receive preference over organizations currently or previously having been authorized grant awards. (5) Local environmental regulators may request local assistance grants to assist in the enforcement of environmental laws, based upon a showing of substantial need and a lack of other available funding sources. (6) The Commission may seek additional grant funding based on need if the environmental law enforcement training is mandated or if there are substantial changes in the law that require it to revise its environmental law courses. (7) Applications that propose projects that are inconsistent with the Agency's statutory authority are ineligible for funding and will not be evaluated. (b) Criteria. The narrative/work plan will be used as the primary basis for awarding grants. The Secretary will award grants based upon the following criteria: (1) The Secretary will consider only one application per applicant for a given project. Applicants may submit more than one application if the applications are for separate and distinct projects or activities. (2) Every application will be evaluated based on the merit of the proposed project in comparison to other applications. Past performance may be considered during the evaluation process for those applicants who have received previous grants. (3) California Law requires the Agency to conduct its programs in a manner that ensures the fair treatment of people of all races, cultures, and income levels including minority populations and low-income populations in the State. Receipt of grant awards will be conditioned upon the incorporation of environmental justice objectives as they relate to environmental enforcement into proposed training courses. Training courses should therefore include, as appropriate, one or more of the following components: (A) Developing an understanding of environmental justice laws and principles. (B) Developing targeted enforcement projects or plans benefiting communities most burdened by pollution sources or impacts. (C) Ensuring public participation and information sharing whenever possible. (4) Applicants may receive grants to develop a new activity or substantially improve the quality of existing programs upon a showing that the project will have a direct impact on environmental enforcement and/or training activities. (5) The Secretary will review and consider the responsiveness of the work plan to the Agency's environmental enforcement and training objectives, the overall effectiveness of the project design, the clarity of the measures of success and the qualifications of project staff. (c) Review And Selection Process The Secretary will review, evaluate, and select grant recipients. Applications will be screened to ensure that they meet all requirements described in this Article. (1) After all applications are received, the Secretary will mail acknowledgements to applicants. (2) After the individual projects are reviewed and evaluated the Secretary will compare the applications and make final selections. Additional factors that the Secretary may take into account in the selection process include geographic and socioeconomic balance; diverse nature of the projects, cost, and projects whose benefits can be sustained after the grant is completed. (3) Once applications have been recommended for funding, the Secretary will notify the finalist(s) in writing by mail and request additional information necessary to complete the award process, such as tax identification numbers. The finalist(s) may be required by existing law to complete additional government forms prior to receiving grant funds. (4) Limited funding is available and the Secretary may not fund all applications. (5) The Secretary will notify in writing by mail those applicants whose projects are not selected for funding. (6) The decision of the Secretary concerning the discretionary grants awarded pursuant to this section is final and not subject to appeal. Note: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code; and Sections 71110(a), 71110(b) and 71110(c), Public Resources Code. s 10017. Restrictions on Grants. (a) Grant funds can only be used for the purposes set forth in an approved narrative/workplan, and must be consistent with the statutory authority for the award. (b) Grant funds cannot be used for lobbying, or intervention in state or federal regulatory proceedings. (c) Grant funds cannot be used for matching state or federal funding. (d) State law requires all grantees to certify and assure that they will comply with all applicable state laws, regulations, and requirements before receiving funds. Note: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code. s 10018. Reporting Requirements for Grant Recipients. (a) Grant funded projects should be completed within the time frames set out in the work plan. (b) The recipient organization is responsible for the successful completion of the project. (c) All recipients must submit quarterly and final reports to the Secretary within 30 days of the end of the quarter or end of the project for final reports. (d) Unused grant funds remaining at the end of the fiscal year may be forfeited. (e) The Secretary may require an audit or financial accounting from a grant recipient at any time. (f) The Secretary will collect, review, and disseminate grantees' final reports, as appropriate to serve as model programs and will use the reports to develop information for mandated reports to the Governor and the Legislature. Note: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(b) and 14315, Penal Code. s 10050. Purpose and Scope of Article. The purpose of this grant program is to provide financial assistance to eligible non-profit community groups such as community-based grassroots organizations and federally recognized tribal governments, that are working on or plan to carry out projects to address environmental justice issues in areas adversely affected by environmental pollution and hazards. (a) The regulations in this Article provide the following as required by Section 71116 of the Public Resources Code: (1) Describe procedures for applying for the Environmental Justice Small Grant Program. (2) Describe criteria for determining which applications shall be funded. (3) Describe the administrative and fiscal requirements governing the receipt and expenditure of Environmental Justice Small Grant funds. Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(b), Public Resources Code. s 10051. Definitions. For the purposes of this article, the following definitions shall apply: (a) The definitions contained in Section 71116(c)(2) and Government Code section 65040.12 are incorporated herein by reference. (b) "Cal/EPA" means California Environmental Protection Agency. (c) "Secretary" means the Agency Secretary for the California Environmental Protection Agency or his or her designee(s). Note: Authority cited: Section 71116, Public Resources Code. Reference: Sections 71116(c)(2) and 71116(j), Public Resources Code. s 10052. Grant Award. (a) The maximum amount of a grant provided pursuant to this section is twenty thousand dollars ($20,000). Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(i), Public Resources Code. s 10053. Restrictions on Environmental Justice Small Grants. (a) The restrictions contained in section 71116(d)-(g) of the Public Resources Code are incorporated herein by reference. (b) Grant recipients shall use the grant award to fund only the project described in the recipient's application. Recipients shall not use the grant funding to shift moneys from existing or proposed projects to activities for which grant funding is prohibited or as described in section 10053(a) above. Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(d)-(g), Public Resources Code. s 10054. Grant Application Procedures. (a) In order to receive grant funds for activities set forth under Section 71116 of the Public Resources Code, applicants shall complete an application process in accordance with the following requirements: (1) Applicants shall submit an application and a narrative/work plan: (A) The narrative/work plan shall describe the applicant's proposed project. (B) The narrative/work plan shall be used as the primary basis for fund allocation. Work plans shall be submitted to the Secretary in accordance with timelines established by the Secretary. (C) The narrative/work plan shall contain the following information: 1. Identify the environmental justice issue(s) to be addressed by the project. 2. Identify the environmental justice community/target audience. 3. Identify the program goal that the project shall meet and how it shall meet it. 4. Provide an explanation of how the project may serve as a model in other settings. 5. Provide an introduction that states the nature of the applicant's organization. 6. Identify how long the organization has been in existence. 7. Describe how the organization has been successful in the past. 8. Provide project completion plans/time frames, and expected results. 9. Provide a project description that describes how the applicant is community-based and/or plans to involve the target audience in the project. 10. Provide a conclusion discussing how the applicant shall evaluate and measure the success of the project, including the anticipated benefits and challenges in implementing the project. 11. Include an appendix with resumes of up to three key personnel who shall be significantly involved in the project, including the project lead. 12. If the proposed project includes the significant involvement of other community organizations, applicants must include letter(s) of commitment from these organizations. 13. Provide documentation to support the organization's non-profit status or proof of federal recognition of tribal status. 14. Provide budget figures/projections to justify the requested award amount. (D) The application shall contain the following required information: 1. The organization's name, physical mailing address and post office box, telephone numbers, e-mail and web page address. 2. The application must be signed by a person duly authorized by the applicant's organization and provide the authorized person's telephone and fax numbers, and e-mail address. 3. The name of the person with day-to-day responsibility for the project (if different from authorized representative) and that person's telephone and fax numbers, and e-mail address. Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(a)(1), Public Resources Code. s 10055. Eligibility, Process for Awarding Grants, and Criteria. (a) The Secretary shall announce the availability of Environmental Justice grants on the Cal/EPA website and post a deadline of 90 days for the receipt of grant applications. Grant applications must be returned on or before the close of the 90-day application period specified in the notice. The Secretary shall review, evaluate, and select grant recipients. Applications shall be screened to ensure that the application and the projects described therein comply with all of the requirements set forth in Sections 10053-10055 in this Article, including, but not limited to, restrictions, procedures, work plan requirements and criteria, and comply with the requirements set forth in Section 71116 of the Public Resources Code. Applications shall be disqualified if any requirements are not met. (b) If the application package is complete it shall be reviewed and evaluated by the Secretary based on the criteria outlined below: (1) Threshold Criteria. Applications that propose projects that are inconsistent with Cal/EPA's statutory authority for this grant program or the goals for the program are ineligible for funding and shall not be evaluated. The Secretary shall notify in writing by mail those applicants whose projects are ineligible for funding. (2) Evaluation Criteria. Proposals shall be evaluated using the following criteria: (A) Responsiveness of the work plan to environmental justice issues. (B) Effectiveness of the project design. (C) Clarity of the measures of success. (D) Qualifications of project staff. (c) The Secretary may consider only one application per applicant for a given project. Applicants may submit more than one application if the applications are for separate and distinct projects. Applicants that previously received grant funds may submit an application for future grants. (d) The Secretary may give preference to organizations that have not received previous grants under the Cal/EPA Environmental Justice Small Grants Program. (e) Every application shall be evaluated based on the merit of the proposed project in comparison to other applications. Past performance may be considered during the evaluation process for those applicants who have received previous grants under the Cal/EPA Environmental Justice Small Grants Program. (f) The Secretary shall compare all applications eligible for funding and make final selections after the individual projects are reviewed and evaluated. Additional factors that the Secretary may take into account in the selection process include geographic and socioeconomic balance; cost, and projects whose benefits can be sustained after the grant is completed. (g) After all applications are received, the Secretary shall mail acknowledgments to all applicants. Once applications have been approved for funding, the Secretary shall notify the finalist(s) and request additional information in existing law necessary to complete the award process such as tax identification numbers. The Secretary shall notify in writing by mail those applicants whose projects are not selected for funding. (h) The decisions of the Secretary concerning grant funding are final and not subject to appeal. (i) State law requires all grantees to certify and assure that they shall comply with all applicable state laws, regulations, and requirements before receiving funds. Note: Authority cited: Section 71116, Public Resources Code. Reference: Sections 71116 and 71116(a)(1), Public Resources Code. s 10056. Project Period and Final Reports. (a) Grant funded projects shall be completed and funds spent within the time frame specified in the grant award. (b) The recipient organization is responsible for the successful completion of the project. (c) Unless specified in the award, all recipients must submit quarterly reports to the Secretary within 30 days of the end of the quarter. (d) All grant recipients shall submit final reports to the Secretary for approval within ninety (90) days of the end of the project period. Each final report shall include, at a minimum: (1) summary of the expenditures of the grant funds; and (2) the results of the project including a description of the benefits achieved by the project as compared to the measures of success that the applicant included in its application. (e) The Secretary shall collect, review, and disseminate grantee's final reports to serve as model programs. (f) The Secretary may require an audit or financial accounting from a grant recipient at any time. (g) Any funds not used during the project period shall be forfeited. Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(a)(2), Public Resources Code. s 10100. Consolidated Permit Definitions. (a) "Applicant" means a person who applies to an environmental agency for a permit, registration, certification, or permission to take specific action pursuant to the provisions of this division. (b) "Comprehensive risk assessment" means, for the purpose of sections 10200 and 10201, a quantitative estimate of risk to human health and the environment that provides for both acute and chronic effects that could occur now and in the future. The assessment is conducted for all chemicals at the facility of potential concern. The assessment is based on a theoretical daily dose a human or non-human receptor would receive by all exposure routes. (c) "Consolidated permit" means a permit incorporating the environmental permits granted by environmental agencies for a project and issued in a single permit document by the consolidated permit agency. (d) "Consolidated permit agency" means the environmental agency that has the greatest overall jurisdiction over a project. (e) "Consolidated permit application form" means a form, as authorized by subsection (e) or (f) of section 15399.56 of the Government Code, that can be used in lieu of separate application forms for each component environmental permit that would be provided by the consolidated permit agency and the participating permit agencies. (f) "Consolidated permit notification" is a form used by an applicant to notify the Secretary of the applicant's request to have a consolidated permit issued for the applicant's project. (g) "Council" means the California Environmental Policy Council. The council consists of the following members or their designees: (1) The Secretary for Environmental Protection. (2) The Director of Pesticide Regulation. (3) The Director of Toxic Substances Control. (4) The Chairperson of the State Air Resources Board. (5) The Chairperson of the State Water Resources Control Board. (6) The Director of the Office of Environmental Health Hazard Assessment. (7) The Chairperson of the California Integrated Waste Management Board. (h) "Environmental agency" means any of the following: (1) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air Resources Board, the State Water Resources Control Board, the California Integrated Waste Management Board, the Office of Environmental Health Hazard Assessment. (2) A California regional water quality control board. (3) A district, as defined in section 39025 of the Health and Safety Code. (4) An enforcement agency, as defined in Section 40130 of the Public Resources Code. (5) A county agricultural commissioner with respect to his or her administration of Division 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code. (6) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county. (7) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code. (8) Any other state, regional, or local permit agency for the project that participates at the request of the permit applicant upon the agency's agreement to be subject to this division. (i) "Environmental Permit" means any license, certificate, registration, permit, or other forms of authorization, to include remedial action authorizations, required by an environmental agency to engage in a particular activity. "Environmental permit" includes, but is not limited to, activities subject to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, if the activities are under the jurisdiction of an environmental agency. "Environmental permit" does not include any certification or decision for the purpose of the California Environmental Quality Act pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (j) "Good cause" has the same meaning as defined in Section 15376, subdivision (h), of the Government Code. (k) "Greater overall jurisdiction" means the environmental agency that has the greatest authority over the project due to statutory requirements, regulatory requirements, or requirements pertaining to the protection of human health and the environment. (l) "Local environmental agency" means any of the following: (1) A district, as defined in section 39025 of the Health and Safety Code. (2) An enforcement agency, as defined in Section 40130 of the Public Resources Code. (3) A county agricultural commissioner with respect to his or her administration of Division 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code. (4) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county. (5) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code. (6) Any other regional or local permit agency for the project that participates at the request of the permit applicant upon the agency's agreement to be subject to this division. (m) "Participating permit agency" means an environmental agency, other than the consolidated permit agency, that is responsible for the issuance of an environmental permit for a project. (n) "Petitioner" means any individual, trust, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association. "Petitioner" also may include any city, county, district, commission, the State or any department, agency, or political subdivision thereof, any interstate body, the Federal Government or any department or agency thereof to the extent permitting by law. (o) "Project" means an activity, the conduct of which requires an environmental permit from two or more environmental agencies. (p) "Remedial action" has the same meaning as defined in subdivision (g) of Section 25260 of Division 20 of the Health and Safety Code. (q) "Secretary" means the Secretary for Environmental Protection. (r) "State environmental agency" means any of the following: (1) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air Resources Board, the State Water Resources Control Board, the California Integrated Waste Management Board, the Office of Environmental Health Hazard Assessment. (2) A California regional water quality control board. (3) Any other state permit agency for the project that participates at the request of the permit applicant upon the agency's agreement to be subject to this division. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71010, 71011, 71012, 71013, 71014, 71015, 71016 and 71017, Public Resources Code. s 10200. Procedure to Request a Consolidated Permit. The consolidated permit applicant shall complete a consolidated permit notification in order to be considered for a consolidated permit. The notification must include, at a minimum, all of the following: (a) a description of the project to include: (1) name of the applicant; (2) name of the business; (3) location of the facility; (4) description of the activities being permitted at the facility; and (5) applicable SIC codes. (b) a preliminary list of environmental permits that may be required for the project; (c) a list of any additional permits pursuant to Section 71011(h) of the Public Resources Code; (d) the identity of any public agency that has been designated a lead agency for the purpose of the Permit Streamlining Act, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code; (e) the identity of any public agency that has been designated a lead agency for the purpose of the California Environmental Quality Act pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code; (f) the name of the environmental agency that the applicant believes to have the greatest overall jurisdiction for the project; (g) if applicable, the names of any environmental agencies that the applicant does not want to be the consolidated permit agency; (h) if applicable, the name of the environmental agency that the applicant wants to be the consolidated permit agency; (i) the name and telephone number of the permit agencies that administer the permits listed in (b) and (c); (j) if a Comprehensive Risk Assessment has been completed for the project, the findings are to be included with the notification; and (k) any additional information deemed necessary by the Secretary to facilitate selection of the consolidated permit agency. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71020 and 71021, Public Resources Code. s 10201. The Consolidated Permit Agency Designation Process. (a) The Secretary will designate the consolidated permit agency within 30 days of the date that the notification is received. The Secretary is then responsible for notifying the environmental agency of the decision on the same day that the environmental agency is designated as the consolidated permit agency. The Secretary will select the consolidated permit agency according to the following priority: (1) If an agency is designated lead by the CEQA process pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, that agency will be the consolidated permit agency; (2) If an agency is designated a lead agency for the purpose of the Permit Streamlining Act, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, that agency will be designated as the consolidated permit agency; (3) If the first or second priorities do not apply, the Secretary will select the environmental agency that the Secretary judges to have the greatest overall jurisdiction over the project, to be the consolidated permit agency. The Secretary will consider the following factors: (A) the types of facilities or activities that make up the project; (B) the types of public health and safety and environmental concerns that should be considered in issuing environmental permits for the project; (C) the environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects; (D) the regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment, such as evaluating comparable risks associated with the project; (E) a comprehensive risk assessment, if applicable; (F) the statutory and regulatory requirements that apply to the project; (G) the geographical location of the project; (H) the available resources of the environmental agency to carry out the responsibilities of the Consolidated Permit Agency; and (I) the application submitted pursuant to Health and Safety Code section 25262(b), if applicable, and the reason, if known, that an Administering Agency was not selected pursuant to Health and Safety Code Section 25262(c). (b) If the environmental agency that was initially designated as the consolidated permit agency declines the designation, the environmental agency will be relieved of all obligations associated with that designation as of the date of receipt of their refusal by the Secretary. When the Secretary receives the refusal, the Secretary will then refer the project to the Council for the designation of a consolidated permit agency. If the council decides to designate the original agency that declined the designation, that agency shall then again be responsible for all obligations associated with being the consolidated permit agency. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71020 and 71021, Public Resources Code. s 10202. Referral to Council. For any issue that is referred to the council, the council's decision will be by majority vote of those council members present, after consideration of all relevant information relating to the project. The council will have 45 working days upon receiving the referral to evaluate the referral, make a determination, and notify the Secretary of the council's decision. The Secretary will then have 15 working days to inform the environmental agency of its designation as the consolidated permit agency. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71020, Public Resources Code. s 10203. Consolidated Permit Agency Responsibilities. The consolidated permit agency shall do the following: (a) Upon being selected as the consolidated permit agency, the consolidated permit agency will contact, within 5 working days of being designated the consolidated permit agency, the applicant and all environmental permit agencies that have been identified by the applicant as being participating permit agencies, as defined in Section 71016 of the Public Resources Code. The consolidated permit agency will inform the applicant and the participating permit agencies of the time, date, and location of the meeting required by Section 71022 of the Public Resources Code. (b) ensure that the permit applicant has all of the information needed to apply for all of the permits that will be required for the project, which shall include at a minimum the following: (1) conduct a preapplication meeting with the applicant and participating agencies; (2) any guidance documents from participating permit agencies; (3) permit applications. The consolidated permit agency will inform the applicant at the meeting that the applicant has the choice of using either the permit applications that are supplied by the participating permit agencies or the applicant can use a consolidated permit application form; (4) schedules for technical review; (c) coordinate the review of all participating agency permits. The consolidated permit agency shall coordinate review among the participating agencies through: (1) informal agreements between agencies that specify agency responsibilities as a participating permit agency; (2) establishment of time lines; (3) agreed upon action plans; (d) ensure that permit decisions are made in a timely manner by all of the participating permit agencies. This shall be accomplished by: (1) ensuring that the participating permit agencies identify and request any additional information needed to complete the application within 30 days of the receipt of the permit application by the participating permit agency; (2) coordinating the dates of any hearings that may be required. The permitting agency requiring the hearing will be responsible for conducting the hearing. The consolidated permit agency will only participate in the hearing if requested by the permitting agency; (e) assist in promptly resolving any conflicts or inconsistencies that may arise during the course of the project. This shall be accomplished in any of the following ways: (1) the participating permit agencies shall formally identify to the consolidated permit agency any conflict or inconsistency among environmental permit requirements and conditions within 30 working days of discovering a problem; (2) hold and facilitate meetings of all involved parties to resolve conflict or inconsistency within 15 working days of the date that the consolidated permit agency was formally notified of the problem; or (3) for conflicts or inconsistencies that cannot be resolved by the consolidated permit agency, the directors, or their designees, of the agencies in conflict shall meet and resolve the conflict. (f) During the consolidated permit process but after the initial meeting, if an additional environmental permit is identified as being required for the project, that environmental agency responsible for issuing that permit shall be contacted by the consolidated permit agency and informed of that environmental agency's designation as a participating permit agency. This newly identified agency shall supply any required applications and guidance documents to the applicant within 10 working days of being contacted by the consolidated permit agency. (g) The consolidated permit agency shall compile all participating permit agency permits as well as the consolidated permit agency's own permit, into a consolidated permit. The consolidated permit agency shall issue the consolidated permit to the applicant within 30 days of the date the last participating permit agency permit is issued. (h) The participating permit agency is responsible for the technical review of that agency's permit renewals and/or permit modifications. The applicant will submit any permit renewal requests and/or permit modification requests directly to the participating permit agency responsible for that permit. The participating permit agency will then supply any approved permit modifications and renewals to the consolidated permit agency within 30 days of approval of each permit. The consolidated permit agency is then responsible for incorporating all modifications and renewals of the environmental permits into the consolidated permit. The consolidated permit agency shall then send a copy of the consolidated permit to the applicant. (i) The consolidated permit agency shall keep the consolidated permit on file at the consolidated permit agency's office. The consolidated permit agency shall handle all review requests for the consolidated permit. (j) The consolidated permit agency is responsible for tracking statutory and regulatory time limits. (k) The consolidated permit process shall not be construed to limit or abridge the powers and duties granted to a participating permit agency pursuant to the law that authorizes or requires the agency to issue an environmental permit for the project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component environmental permit that is within its scope of its responsibility, including, but not limited to, the determination of environmental permit application completeness, environmental permit approval or approval with conditions, or environmental permit denial. The consolidated permit agency may not substitute its judgement for that of a participating permit agency on any such nonprocedural matters. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71021, 71022 and 71024, Public Resources Code. s 10204. Meeting Agenda. The consolidated permit agency shall convene a meeting within 15 working days of the date of designation as consolidated permit agency. The permit applicant and all participating permit agencies shall participate in the initial meeting. At a minimum, the following matters shall be on the meeting agenda: (a) Attempt to identify any permits that are required for the project. There will be no penalty to the consolidated permit agency or participating permit agencies if they fail to identify any required additional permits; (b) Discussion of the application forms and any other requirements of the consolidated permit agency and the participating permit agencies; (c) The consolidated permit agency and each participating permit agency shall disclose to the applicant the established time limits that the agencies shall meet for issuing their environmental permits. (d) A determination of time schedules noting, at a minimum, the following dates: (1) dates that the completeness reviews for each permit application will be complete; (2) dates that the technical reviews for each permit application will be complete; (3) dates of final permit decisions for each participating agency; (4) estimated dates of any public hearings that are required to issue permits for the project; (5) date the consolidated permit agency will complete and issue the consolidated permit. (e) a discussion of any relevant fees required by any participating permit agency including an estimate of the fees by the consolidated permit agency to cover the costs of performing the consolidated permit services; (f) all participating permit agencies and the consolidated permit agency are each responsible for meeting any permit processing time schedule agreed to by that agency at the initial meeting. (g) The permit agencies shall not adopt accelerated time schedules that would be inconsistent with or in conflict with the requirements of section 71022(a)(4) of the Public Resources Code. (h) If the applicant is unable to attend meetings, fails to attend meetings, or fails to supply requested information, all time limits shall be tolled. The time limits will be tolled until such time as the applicant performs the required task. If the applicant fails to supply the required information, the consolidated permit agency may terminate the consolidated permit process. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71022, Public Resources Code. s 10205. Participating Permit Agencies. (a) Upon being notified of the meeting required by Section 71022 of the Public Resources Code, the participating permit agency is responsible for participating in the initial meeting (b) At the meeting, representative of the participating permit agency shall identify to the applicant any required permits that the participating permit agency requires for the project. The participating permit agency representative will then ensure that the required permit applications and guidance documents are supplied to the applicant. (c) Each participating permit agency shall retain its authority to make all decisions with regard to the determination of the participating permit agency's permit as per section 71021(d) of the Public Resources Code. This authority includes decisions regarding modifications, renewals, and revocations of permits. Thus, the participating permit agency can issue its permit decision at any time during the consolidated permit process. (d) Upon making a permit decision for the project, the participating permit agency shall send a copy of the permit decision, including a copy of any environmental permits issued for the project, to the consolidated permit agency for incorporation by the consolidated permit agency into the final consolidated permit document. (e) A participating permit agency is only removed from the consolidated permit process when either of the following occurs; (1) The participating permit agency is removed from the consolidated permit process at the request of the applicant pursuant to Section 71023(b) of the Public Resources Code; or (2) when the participating permit agency has completed both of the following; A. has responded to any public comments received during the Public Review and Participation Section (c); and, B. the participating permit agency issues its permit decision. C. the participating permit agency has provided all written comments received, any responses to those comments, and its permit decision to the consolidated permit agency. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71021, 71022, 71023, 71024 and 71025, Public Resources Code. s 10206. Public Review and Participation. A summary of all decisions made pursuant to the consolidated permit for the project shall be made available for public review and comment upon the filing of the consolidated permit application form or the permit applications. (a) The consolidated permit agency shall make the summary available for public review and comment by the following methods: (1) Mailing a copy of the summary to the following persons: A. the applicant; B. any other agency which has issued or is issuing a permit for the same project or activity; and C. any other interested parties. (2) Copies available at the offices of the consolidated permit agency and all participating permit agencies. (3) Issuing a public notice of the summary. The public notice shall include; A. Name of the applicant; B. Location of the project; C. Brief description of the project; D. The name and address of the consolidated permit agency; E. Procedure for the public to get a copy of the summary; and F. Any additional information deemed necessary by the consolidated permit agency. (b) The public will have 30 days from the date that the public notice is issued to send comments concerning the summary to the consolidated permit agency. (c) The consolidated permit agency shall respond to all public comments about the summary within 30 days of receipt. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71022, Public Resources Code. s 10207. Withdrawal of Permit Application. (a) The permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request, at any time until the consolidated permit is issued, that the process be terminated. (1) Within 15 working days of receiving the request to withdraw, the consolidated permit agency shall notify the Secretary and each participating permit agency in writing that a consolidated permit is no longer applicable to the project. (2) The consolidated permit agency shall notify the applicant within 60 days of any costs incurred on the project while carrying out the services as a consolidated permit agency. (b) Withdrawal of a participating permit agency at the applicant's request. The permit applicant may submit a written request to the consolidated permit agency that the permit applicant wishes a participating permit agency to withdraw from participation on the basis of a reasonable belief that the issuance of a consolidated permit would be accelerated if the participating permit agency withdraws. (1) The request to remove a participating permit agency shall consist of the following: A. Name of the applicant; B. Location of the project; C. Name of the participating permit agency to be withdrawn from the consolidated permit process; and D. The reason that the applicant believes that the removal of the participating permit agency from the consolidated permit process will accelerate the issuance of the consolidated permit. (2) Upon receiving the request to remove the participating permit agency, the consolidated permit agency shall review the request and do one of the following; A. If the consolidated permit agency agrees with the applicants request, the consolidated permit agency shall notify the applicant and the participating agency in writing, within 15 working days that the participating permit agency has been removed from the consolidated permit process. The removed participating permit agency's permit will no longer be a part of the consolidated permit. B. If the consolidated permit agency disagrees with the removal request, the consolidated permit agency shall respond, in writing to the applicant within 15 working days, stating the reasons why the consolidated permit agency will not approve the removal request. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71023, Public Resources Code. s 10208. Fees. (a) A consolidated permit agency may charge and collect additional fees pursuant to 71026 of the Public Resources Code. (b) In the event that the consolidated permit process is terminated prior to the issuance of a consolidated permit, the consolidated permit agency may charge a fee to recover the costs incurred in executing the duties of the consolidated permit agency prior to the termination of the process. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71026, Public Resources Code. s 10209. Petitions for Review. The permit applicant may petition for review of an environmental agency action in issuing, denying, or amending an environmental permit, or any portion of a consolidated permit agency permit. (a) The petition shall be submitted by the permit applicant to the consolidated permit agency or the participating permit agency having jurisdiction over that portion of the consolidated permit and shall be processed in accordance with the procedures of that environmental agency. (1) if the consolidated permit agency receives a petition for review of another agency's permit decision, the consolidated permit agency shall forward the petition to the participating permit agency that has jurisdiction over that portion of the consolidated permit within 5 working days of receipt of the petition. (2) the petition shall be processed in accordance with the procedures of the environmental agency that has jurisdiction for that portion of the consolidated permit being appealed. (b) The environmental agency receiving the petition shall, within 30 days, notify the other environmental agencies participating in the original consolidated permit. (c) The petition shall include a statement of the reasons supporting that review and any other requirements of that environmental agency. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71027, Public Resources Code. s 10210. Amendments and Modifications. 10210(a) A permit applicant may petition a participating permit agency for an amendment or modification to that agency's permit application. The participating permit agency will contact the consolidated permit agency within 15 days of receiving the petition and inform the consolidated permit agency of the content of the petition. If an applicant chooses to petition, the petition must be filed with the participating permit agency before any of the permit decisions are made and the permits for the project are granted. (b) If the consolidated permit agency believes that the requested amendment or modification will cause other agencies participating in the consolidated permit process to modify their actions and permit processing time limits agreed upon at the initial meeting, the consolidated permit agency shall reconvene a meeting of the effected participating permit agencies within 15 days of discovering the problem. The requirements to amend or modify a permit application shall be in accordance with the procedures of the consolidated permit agency or participating agency that has jurisdiction over the portion of the consolidated permit application or component application being amended or modified. TABLE 1 SUMMARY OF CHAPTER 3, ARTICLE 1, ENVIRONMENTAL PERMIT TIMELINES ------------------------------------------------------------------------------- Note: This table provides general summary information only; see appropriate section of the text for regulatory language and conditions of applicability. ------------------------------------------------------------------------------- DEPARTMENT PERMIT/ SECTION TIME TO PROCESS AUTHORIZATION PERMITS ------------------------------------------------------------------------------- Department of Toxic Hazardous Waste Facility 10300(b) 1 Year Permit Substances Control (responible agency for land disposal facility project) ------------------------------------------------------------------------------- Department of Toxic Hazardous Waste Facility 10300(c) 180 Days Permit Substances Control (responible agency for non-land disposal facility project) ------------------------------------------------------------------------------- Department of Toxic Lead agency for development 10300(d)- 1.5 Years ,(e) Substances Control project requiring EIR ------------------------------------------------------------------------------- Department of Toxic Lead agency for development 10300(f)- 195 Days ,(g) Substances Control project requiring NEG DEC ------------------------------------------------------------------------------- Department of Toxic Hazardous Waste Hauler 10300(h) 14 Days Substances Control Registration ------------------------------------------------------------------------------- Department of Toxic Variances 10300(i)- 180 Days ,(j) Substances Control ------------------------------------------------------------------------------- Department of Qualified Applicator 10301(a) 100 Days Certificate Pesticide Regulation ------------------------------------------------------------------------------- Department of Agricultural Pest Control 10301(b) 100 Days Pesticide Regulation Advisier License ------------------------------------------------------------------------------- Department of Agricultural Pest Control 10301(c) 60 Days Pesticide Regulation Advisier License Renewal ------------------------------------------------------------------------------- Department of Qualified Applicator License 10301(d) 90 Days Pesticide Regulation ------------------------------------------------------------------------------- Department of Designated Agent License 10301(e) 90 Days Pesticide Regulation ------------------------------------------------------------------------------- Department of Designated Agent License 10301(f) 30 Days Renewal Pesticide Regulation ------------------------------------------------------------------------------- Department of Pest Control Pilots License 10301(g) 30 Days Pesticide Regulation ------------------------------------------------------------------------------- Department of Pest Control Pilots License 10301(h) 30 Days Pesticide Regulation Renewal ------------------------------------------------------------------------------- Department of Accreditation of Continued 10301(i) 30 Days Pesticide Regulation Education Instruction ------------------------------------------------------------------------------- Department of Certifiate of Registration 10301(j) 150 Days for Pesticide Regulation Economic Poisons for New Active Ingredient ------------------------------------------------------------------------------- Department of Certifiate of Registration 10301(k) 90 Days for Pesticide Regulation Economic Poisons for New Product Ingredient ------------------------------------------------------------------------------- Department of Certifiate of Registration 10301(l) 60 Days for Pesticide Regulation Economic Poisons for Renewal Ingredient ------------------------------------------------------------------------------- State Water Resources Waste Discharge Requirements 10302(b) 120 Days Control Board & Regional Water Quality Control Boards ------------------------------------------------------------------------------- State Water Resources General Industrial Storm 10302(c) 7 Days Water Control Board & Permit Regional Water Quality Control Boards ------------------------------------------------------------------------------- State Water Resources Wastewater Treatment 10302(d) 30 Days Plantater Control Board & Operators Certificate of Regional Water Quality Competence Control Boards ------------------------------------------------------------------------------- California Integrated Full Solid Wate Facilities 10303(a) 120 Days Waste Management Board Permit ------------------------------------------------------------------------------- California Integrated Standardized Solid Waste 10303(b) 75 Days Waste Management Board Facilities Permit ------------------------------------------------------------------------------- California Integrated Registration Solid Waste 10303(c) 30 Days Waste Management Board Facilities Permit ------------------------------------------------------------------------------- California Integrated Waste Tire Facility Permit 10303(d) 180 Days Waste Management Board 1 Year (If lead a- gency.) ------------------------------------------------------------------------------- California Integrated Used Oil Collection Center 10303(e) 45 Days Waste Management Board Certifications ------------------------------------------------------------------------------- California Integrated Used Oil Recycling Incentive 10303(f) 45 Days Waste Management Board Payment Registrations ------------------------------------------------------------------------------- Air Resources Board Emergency Variance for Sulfur 10304(b)- 10 Days in (1) Gasoline or Diesel ------------------------------------------------------------------------------- Air Resources Board Approval of Independent 10304(b)- 90 Days Testers (2) ------------------------------------------------------------------------------- Air Resources Board All Other Permits 10304(a) 90 Days ------------------------------------------------------------------------------- Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71028, Public Resources Code. s 10300. Department of Toxic Substances Control. For the Department of Toxic Substances Control (DTSC), Title 22, California Code of Regulations, Sections 66263.11 and 66260.21; Section 25199.6 of the Health and Safety Code; Section 65950, Government Code establish the following time limits which have been summarized for informational purposes in Table 1: (a) DTSC shall review for administrative completeness each hazardous waste facility permit application and notify the applicant whether the application is administratively complete within 60 days of receipt. If the application is incomplete, DTSC shall require the applicant to provide information necessary to make the application complete. An application is not deemed to be complete until DTSC notifies the applicant that the application is administratively complete. (b) If DTSC is acting as a responsible agency under the California Environmental Quality Act and the hazardous waste project is a land disposal facility, DTSC must approve or disapprove the permit: (1) Within one year from the date on which the lead agency approved or disapproved the project; or (2) Within one year from the date on which the completed application for the project has been received and accepted as technically complete, whichever is longer. (c) If DTSC is acting as a responsible agency under the California Environmental Quality Act and the hazardous waste project is not a land disposal facility, DTSC must approve or disapprove the permit: (1) Within 180 days from the date on which the lead agency approved or disapproved the project; or (2) Within 180 days from the date on which the completed application for the project has been received and accepted as technically complete, whichever is longer. (d) If DTSC is acting as a lead agency under the California Environmental Quality Act for a development project that requires an environmental impact report pursuant to Section 21100 or 21151 of the Public Resources Code, DTSC must approve or disapprove the permit within six months of the date the Department certifies that; (1) the environmental impact report was completed in compliance with the California Environmental Quality Act (CEQA); and (2) the decision-making body for the lead agency has reviewed the contents of the environmental impact report and found it be complete. (e) DTSC, acting as lead agency, shall complete and certify an Environmental Impact Report as provided in Section 15090 of the Public Resources Code within one year after the date when DTSC accepted the application as technically complete. DTSC may extend the one-year time limit once for a period of not more than 90 days upon consent of the applicant. (f) If DTSC is acting as a lead agency under the California Environmental Quality Act for a development project for which a negative declaration is adopted or for which DTSC determines that the project is exempt from the requirements of Division 13 (commencing with section 2100) of the Public Resources Code, DTSC must approve or disapprove the permit within three months of the date of adoption of the negative declaration or the determination that the project is exempt unless the project proponent requests an extension of the time. Adoption or approval of the negative declaration involves the following; (1) prior to approval of the project, the decision making body of DTSC shall consider the negative declaration together with any comments received during the public review process, and Initial Study. (2) the approval of the negative declaration means that there is absolutely no reasonable possibility of a significant effect resulting from a project. (g) DTSC, acting as lead, shall complete and have ready for approval a negative declaration for a project within 105 days from the date when the Department accepted the application as technically complete. The negative declaration may be approved at a later time when the permit or other entitlement is approved. (h) For Hazardous Waste Hauler Registrations: (1) DTSC shall notify the applicant in writing, within 14 calendar days after receipt of an application that the application is technically complete and accepted for filing or that the application is incomplete and what specific information, documentation or fees, if any, are required to complete the application. (2) DTSC shall notify the applicant, in writing, of DTSC's decision regarding the completeness of an application. The notification shall be within fourteen calendar days after the date on which DTSC determines the application to be complete and accepted for filing. (i) For Equivalent Testing or Analytical Methods Variances: (1) DTSC must notify the applicant within 60 days after receipt of an application that the application is technically complete and accepted for processing or that the application is incomplete and what further information is required. (2) DTSC shall, within 180 days of receipt of a technically complete application, notify the applicant that the variance is granted or denied. (j) For all other DTSC Variances: (1) DTSC must notify the applicant within 60 days after receipt of an application that the application is technically complete and accepted for processing or that the application is incomplete and what further information is required. (2) DTSC shall, within 60 days of receipt of a technically complete application, notify the applicant that the variance is granted or denied. (k) These regulations apply only to applications submitted to DTSC on or after the effective date of the regulations. Note: Authority cited: Sections 71001 and 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; Sections 66260.21, 66263.11, 22 CCR; and Section 25199.6, Health and Safety Code. s 10301. The Department of Pesticide Regulation. For the Department of Pesticide Regulation, Title 3, California Code of Regulations, Section 305, establishes the following time limits which have been summarized for informational purposes in Table 1. The time frames for Qualified Applicator Certificate, Agricultural Pest Control Adviser License, Qualified Applicator License, Designated Agent License, and Pest Control Pilots License are based on the applicant taking the first available test. (a) For a Qualified Applicator Certificate: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the certificate within 100 days of receiving a completed application. (b) For a Agricultural Pest Control Adviser License: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the license within 100 days of receiving a completed application. (c) For a Agricultural Pest Control Adviser License Renewal: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 60 days of receiving a completed application. (d) For a Qualified Applicator License: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the license within 90 days of receiving a completed application. (e) For a Designated Agent License: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the license within 90 days of receiving a completed application. (f) For a Designated Agent License Renewal: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 30 days of receiving a completed application. (g) For a Pest Control Pilots License: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the license within 30 days of receiving a completed application. (h) For a Pest Control Pilots License Renewal: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 30 days of receiving a completed application. (i) For an Accreditation of Continued Education Instruction: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 20 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the accreditation within 30 days of receiving a completed application. (j) For a Certificate of Registration for Economic Poisons for New Active Ingredient: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 120 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the registration within 150 days of receiving a completed application. (k) For a Certificate of Registration for Economic Poisons for New Product: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 60 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the registration within 90 days of receiving a completed application. (l) For a Certificate of Registration for Economic Poisons Renewal: (1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 30 days of receipt of an application. (2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 60 days of receiving a completed application. Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code. s 10302. The State Water Resources Control Board and the Regional Water Quality Control Boards. For the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCB), Water Code, Section 13264, and the Clean Water Act, Title 33 USCA Section 1341 establish the following time limits which have been summarized for informational purposes in Table 1: (a) The (SWRCB)/(RWQCB) shall approve or disapprove a National Pollutant Discharge Elimination System (NPDES) Permit within 180 days of receiving a completed application. (b) The (SWRCB)/(RWQCB) shall adopt Waste Discharge Requirements within 120 days of receiving a completed application. (c) The (SWRCB)/(RWQCB) shall approve or disapprove an application for a General Industrial Storm Water Permit within 7 working days of receiving a completed application. (d) For Waste Water Treatment Plant Operator's Certificate of Competence: (1) The (SWRCB)/(RWQCB) shall notify the applicant in writing, within 30 days after receipt of an application that the application is complete and accepted for filing or that the application is incomplete and what specific information is required to complete the application. (2) The (SWRCB)/(RWQCB) shall, within 30 days of receipt of a complete application, proof of successful completion of exam, and payment of fees, issue the certification. Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; and Section 3670, 23 CCR. s 10303. California Integrated Waste Management Board. For the California Integrated Waste Management Board (CIWMB), Title 14, California Code of Regulations, Sections 18104, 18105, 18203, 18650.4, 18653.4, 18423, and 18425, and Sections 44007, 44008, and 44009 of the Public Resources Code, establishes the following time limits which have been summarized for informational purposes in Table 1: (a) For a Full Solid Waste Facilities Permit: (1) The enforcement agency shall determine within 30 calendar days of receipt whether or not an application for a Solid Waste Facilities Permit is complete. If the application is not complete the enforcement agency shall notify the applicant within 5 business days of the grounds for rejection. Once an application is accepted as for filing as complete and correct, the enforcement agency must decide whether to issue or not issue the permit within 120 days unless waived by the applicant. (2) At least 65 days prior to issuing the permit, the enforcement agency must provide the CIWMB with a copy of the application and the proposed permit. The CIWMB shall concur or object to the permit within 60 days of receipt of a proposed permit. If the Board fails to concur or object within 60 days, it shall be deemed to have concurred in the issuance of the proposed permit. (b) For a Standardized Solid Waste Facilities Permit: (1) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18105.1 of Title 14, California Code of Regulations. (2) Within fifteen days of acceptance of an application for filing: (A) 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 permit terms and conditions. (B) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (c)(2)(A) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the CIWMB. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the CIWMB. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has requested it in writing. (C) If the enforcement agency finds that the application or facility do not meet the requirements set forth in (c)(2)(A) 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. (3) Within 30 days of receipt of a proposed standardized permit, the CIWMB shall either concur in or object to the issuance of the proposed standardized permit. (4) This subsection shall not become operative and only apply to operations specified in the minimum standards to be set forth in Chapters 3 and 3.1 of Division 7 of Title 14 when the minimum standards are filed with the Secretary of State and become effective and operative. (c) For a Registration Solid Waste Facilities Permit: (1) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18104.1 of Title 14, California Code of Regulations. (2) If the enforcement agency finds the application is complete and correct pursuant to 18104.1 of Title 14, California Code of Regulations, it shall be accepted for filing and stamped with the date and time of acceptance. (3) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed registration permit form (CIWMB Form 81 (rev 1/95)), incorporated herein by reference, to the applicant with a copy fo the accepted application, within five days of filing. (4) This subsection shall not become operative and only apply to operations specified in the minimum standards to be set forth in Chapters 3 and 3.1 of Division 7 of Title 14 when the minimum standards are filed with the Secretary of State and become effective and operative. (d) For a Waste Tire Facility Permit: (1) The CIWMB shall either accept or reject an application as complete within 30 days of its receipt. If an application package is rejected, the Board shall notify the applicant, enumerating the grounds of rejection. (2) A decision to issue or not issue the permit shall be made by the Board within 180 days of the time the application is accepted as complete, unless the applicant requests an extension of time. However, if the Board is the lead agency for the project for which an environmental impact report (EIR) must be prepared, the Board shall have one year from the date the application is accepted as complete to issue or deny issuance of the permit. Furthermore, if there is an extension of time pursuant to Public Resources Code Section 21100.2 to complete and certify the EIR, the Board shall issue or deny the issuance of the permit within 90 days after certification of the EIR. This extension of time may be extended once more for an additional period, not to exceed 90 days, upon consent of both the applicant and the Board. (e) For Used Oil Collection Center Certifications: (1) The CIWMB shall notify an applicant in writing, within 10 working days of receipt of the application, that it is either complete, correct and accepted for filing, or that it is incomplete and rejected for filing and provide the reasons for the rejection. (2) A decision to issues or not issue the certification shall be made by the board within 45 calendar days of the time the application is filed. (f) For Used Oil Recycling Incentive Payment Registrations: (1) The CIWMB shall notify an applicant in writing, within 10 working days of receipt of the application, that it is either complete, correct and accepted for filing, or that it is incomplete and rejected for filing and provide the reasons for the rejection. (2) A decision to issues or not issue the registration shall be made by the board within 45 calendar days of the time the application is filed. Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code. s 10304. Air Resources Board. For the Air Resources Board, Title 17, California Code of Regulations, Section 60030, establishes the following time limits which have been summarized for informational purposes in Table 1: (a) The procedures and time periods set forth in this subsection shall apply for all permit applications received by the Air Resources Board, except for those permit applications specified in subsection (b). (1) Within 30 days of receipt of an application for a permit, as defined in Government Code Section 15375(a), the executive officer of the Air Resources Board shall inform the applicant, in writing, either that the application is complete and accepted for filing or that the application is deficient and identify the specific information required to make the application complete. (2) Within 15 days of receipt of additional information provided in response to a determination by the executive officer of the Air Resources Board that an application is deficient, the executive officer shall inform the applicant, in writing, either that the new information is sufficient to make the application complete and that the application is accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete. (3) Within 90 days after an application is accepted for filing, the executive officer shall approve or disapprove the application. (b) For the categories listed below, permit applications shall be processed as provided in the procedures specified in subsection (a), in accordance with the following time periods: (1) For an emergency variance for sulfur in gasoline or diesel pursuant to 13 CCR section 2252; (A) The executive officer will inform the applicant within five days of receipt of the application that the application is complete or that additional information is required. (B) The executive officer will determine within five days after receipt of additional information whether the information submitted makes the application complete. (C) Within 10 days after an application is accepted for filing, the executive officer shall act on the application. (2) For approval of independent testers pursuant to 17 CCR section 91207; (A) The executive officer will inform the applicant within 15 days of receipt of the application that the application is complete or that additional information is required. (B) The executive officer will determine within 15 days after receipt of additional information whether the information submitted makes the application complete. (C) Within 90 days after an application is accepted for filing, the executive officer shall act on the application. This period applies to each test' as specified in 17 CCR section 91201, for which approval is required. (c) The executive officer may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. (d) The time periods in subsections (a) and (b) may be extended by the executive officer for good cause as provided by Government Code Section 15376. Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; and Section 60030, 17 CCR. s 10305. Median, Minimum, and Maximum Times for Processing a Permit. Table 2 summarizes the median, minimum, and maximum times for processing a permit for state environmental agencies, as found in Section 60030, Title 17; Sections 66260.21 and 66263.11, Title 22; and Section 3670, Title 23. TABLE 2 SUMMARY OF CHAPTER 3, ARTICLE 1 MEDIAN, MINIMUM, AND MAXIMUM TIMES FOR PROCESSING A PERMIT ------------------------------------------------------------------------------- Note: This table provides general summary information only; see appropriate section of the text for regulatory language and conditions of applicability. ------------------------------------------------------------------------------- Department/ Permit/ Times for Processing a Permit Agency Authorization (days) ------------------------ Median Minimum Maximum ------------------------------------------------------------------------------- Department of Toxic Hazardous Waste haulers 60 1 180 Substances Control Registration ------------------------------------------------------------------------------- Department of Toxic Equivalent Testing or 60 1 1200 Substances Control Analytical Methods Variances ------------------------------------------------------------------------------- Department of Toxic All other Department 60 1 1200 Variance Substances Control ------------------------------------------------------------------------------- Department of Pesticide Qualified Applicator 50 1 111 Certificate Regulation ------------------------------------------------------------------------------- Department of Pesticide Agricultural Pest Control 46 12 129 Regulation Adviser License ------------------------------------------------------------------------------- Department of Pesticide Agricultural Pest Control 11 1 74 Regulation Adviser License Renewal ------------------------------------------------------------------------------- Department of Pesticide Qualified Applicator 54 5 97 License Regulation ------------------------------------------------------------------------------- Department of Pesticide Designated Agent License 50 21 96 Regulation ------------------------------------------------------------------------------- Department of Pesticide Designated Agent License 8 1 39 Regulation Renewal ------------------------------------------------------------------------------- Department of Pesticide Pest Control Pilots License 56 21 1066 Regulation ------------------------------------------------------------------------------- Department of Pesticide Pest Control Pilots License 11 1 35 Regulation Renewal ------------------------------------------------------------------------------- Department of Pesticide Accrediation of Continued N/A N/A N/A Regulation Education Instruction ------------------------------------------------------------------------------- Department of Pesticide Certificate of Registration 106 16 314 Regulation for Economic Poisons for New Active Ingredient ------------------------------------------------------------------------------- Department of Pesticide Certificate of Registration 40 4 209 Regulation for Economic Poisons for New Product ------------------------------------------------------------------------------- Department of Pesticide Certificate of Registration 28 7 197 Regulation for Economic Poisons for Renewal ------------------------------------------------------------------------------- State Water Resources Wastewater Treatment Plant 30 3 112 Control Board Operators Certificate of Competence ------------------------------------------------------------------------------- California Integrated Full Solid Waste Facilities 30 3 112 Waste Management Board Permit ------------------------------------------------------------------------------- California Integrated Standardized Solid Waste TBD 1 75 Waste Management Board Facility Permit ------------------------------------------------------------------------------- California Integrated Registration Solid Waste TBD 1 30 Waste Management Board Facility Permit ------------------------------------------------------------------------------- California Integrated Waste Tire Facility Permit TBD TBD TBD Waste Management Board ------------------------------------------------------------------------------- California Integrated Used Oil Collection Center 35 25 45 Waste Management Board Certifications ------------------------------------------------------------------------------- California Integrated Used Oil Recycling 35 25 45 Waste Incentive Management Board Payment Registrations ------------------------------------------------------------------------------- Air Resources Board All Permits 30 5 567 ------------------------------------------------------------------------------- s 10310. State Environmental Permit Agencies that Violate Time Limits. (a) If any state environmental agency, as defined in section 10100(r), fails to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established for any one of the following; Section 71022 of the Public Resources Code, Section 25199.6 of the Health and Safety Code, or Section 15378 of the Government Code; the applicant and/or petitioner may appeal to the Secretary. The appeal shall be filed within 30 days of the date that the state environmental agency was to have made a final determination on the environmental permit. The appeal shall use the following procedure; (1) the applicant and/or petitioner submits an appeal to the Secretary in writing. The appeal shall include, at a minimum, all of the following: (A) name of the applicant, and if applicable, the name of the petitioner; (B) name of the business; (C) address of the facility; (D) name of the state environmental agency that failed to take timely action on the applicant's environmental permit; (E) the date that the state environmental agency was to have made a final determination on the environmental permit; (F) the name and/or type of environmental permit that the applicant applied for; (G) an explanation of why the applicant and/or petitioner is requesting the appeal; and (H) any additional information deemed necessary by the Secretary. (2) Upon receiving the appeal, the Secretary will contact the applicant and/or petitioner and the state environmental agency within 30 days to determine the following; (A) if the state environmental agency violated any of the time limits established for the following; 1. Section 71022 of the Public Resources Code; 2. Section 25199.6 of the Health and Safety Code; and, 3. Chapter 3 (commencing with Section 15374) of the Government Code; and (B) if the state environmental agency had good cause for violating the time limits; (3) If the Secretary finds the time limits under appeal have been violated without good cause, the Secretary shall; (A) establish a date by which the state environmental agency shall act on the permit application, with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of the Public Resources Code Section 71022; and (B) notify the state environmental agency, in writing, to provide for full reimbursement of all filing and permit processing fees paid by the applicant to the environmental agency for the permit application under appeal, pursuant to Section 71030(d) of the Public Resources Code and Section 15378 of the Government Code. The reimbursement shall occur with 60 days of being notified by the Secretary. (b) the determination of the Secretary shall be based only on procedural violations, including but not limited to, the exceeding of time limits. (c) if the violation is of the time limits of Section 71022 of the Public Resources Code, the determination of the Secretary to order reimbursement of any application filing fees shall only be applicable to the consolidated permit agency or the participating agencies that are in violation of the time limits without showing good cause. (d) All state environmental agencies shall attach processing time limits to their permit applications. (e) The following statement shall be added to all state environmental agency permit applications, "Time limits have been established for the processing of permit applications. These time limits are attached. Persons whose applications have not been processed within the time limits prescribed by statute or regulation may appeal to the Secretary for Environmental Protection. Appeals must be filed within 30 days of the date the time periods were allegedly exceeded. If the Secretary finds that the time limits have not been met, and the environmental agency did not have good cause why the time limits have not been met, the Secretary may direct the environmental agency to process the application by a specified date and so inform the applicant. For permits subject to the Permit Reform Act of 1981 (Government Code Sections 15374, et seq.), the Secretary may also order that the applicant receive a reimbursement of all filing and permit processing fees." (f) for those state permit agencies that participate at the request of the permit applicant upon the agency's agreement; (1) An appeal shall be only for violations of the time limits established pursuant to Section 71022 of the Public Resources Code; and (2) They are excluded from requirements of subsections (d) and (e) of this section. Note: Authority cited: Sections 71001, 71020 and 71030, Public Resources Code; Section 15378, Government Code. Reference: Section 71030, Public Resources Code; and Section 15376, Government Code. s 10311. Local Environmental Permit Agencies that Violate Consolidated Permit Time Limits. (a) If a local environmental agency fails to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established for Section 71022 of the Public Resources Code, the applicant and/or petitioner may appeal to the Secretary. The appeal shall be filed within 30 days of the date that the local environmental agency was to have made a final determination on the environmental permit. The appeal shall use the following procedure: (1) The applicant and/or petitioner submits an appeal to the Secretary in writing. The appeal shall include, at a minimum, all of the following: (A) Name of the applicant, and if applicable, the name of the petitioner; (B) Name of the business; (C) Address of the facility; (D) Name of the local environmental agency that failed to take timely action on the applicant's environmental permit; (E) The date that the local environmental agency was to have made a final determination on the environmental permit; (F) The name and/or type of environmental permit that the applicant applied for; (G) An explanation of why the applicant and/or petitioner is requesting the appeal; and (H) Any additional information deemed necessary by the Secretary . (2) Upon receiving the appeal, the Secretary will contact the applicant and/or petitioner and the local environmental agency within 30 days to determine the following; (A) If the local environmental agency violated any of the time limits established for Section 71022 of the Public Resources Code; and (B) If the local environmental agency had good cause for violating the time limits. (3) If the Secretary finds the time limits under appeal have been violated without good cause, the Secretary shall; (A) Establish a date by which the local environmental agency shall act on the permit application, with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of the Public Resources Code Section 71022; and (B) notify the local environmental agency, in writing, to provide for full reimbursement of all filing and permit processing fees paid by the applicant to the local environmental agency for the permit application under appeal, pursuant to Section 71030(d) of the Public Resources Code. The reimbursement shall occur with 60 days of being notified by the Secretary. (b) the determination of the Secretary shall be based only on procedural violations, including but not limited to, the exceeding of time limits. (c) the determination of the Secretary to order reimbursement of any application filing fees shall only be applicable to the consolidated permit agency or the participating agencies that are in violation of the time limits without showing good cause. Note: Authority cited: Sections 71001, 71020 and 71030, Public Resources Code. Reference: Section 71030, Public Resources Code. s 10312. Local Environmental Permit Agencies that Violate Other Permit Time Limits. (a) For the purpose of this section, "local environmental agency" does not include the agencies described in subdivisions (1) and (6) of Section 10100(l) of Title 27 CCR. (b) If a local environmental agency fails to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established for that agency, the applicant may appeal. (c) An applicant may submit an appeal to the governing body of a local environmental agency, or if there is no governing body, to the director of the local environmental agency, for a determination regarding the failure by the local environmental agency to take timely action on the issuance or denial of an environmental permit. (d) The appeal shall include, at a minimum, the following information; (1) name of the applicant; (2) name of the business; (3) address of the facility; (4) name of the local environmental agency that failed to take timely action on the applicant's environmental permit if the applicant appeals directly to the Secretary pursuant to subsection (f) of this section; (5) the date that the local environmental agency was to have made a final determination on the environmental permit; (6) the name and/or type of environmental permit that the applicant applied for; and (7) an explanation of why the applicant is requesting the appeal. (e) The appeal shall be submitted to the local environmental agency prior to the applicant providing 7 days advance notice to the permitting agency of the intent to provide public notice of the project pursuant to subdivision (b) of Section 65956 of the Government Code. (f) The applicant may appeal directly to the Secretary whenever any of the following occurs; (1) If the local environmental agency declines to accept the appeal pursuant to subdivision (a) of Section 65956.5 of the Government Code; or (2) If the local environmental agency fails to issue a final written determination within 60 days pursuant to subdivision (b) of Section 65956.5 of the Government Code. (g) The local environmental agency has 60 days after receiving the appeal to issue a final determination regarding the appeal. The determination shall include the following; (1) an explanation of why the local environmental agency failed to act on the permit application within the established time limits; (2) the date the local environmental agency shall act on the permit application. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 65956.5, Government Code. s 10313. Completeness Appeals. (a) An applicant may submit an appeal to the Secretary if the time limits for processing a completeness determination on an environmental permit application and any accompanying submitted materials to a Board, Office, or Department within the California Environmental Protection Agency are exceeded. (b) The appeal shall include, at a minimum, the following information; (1) name of the applicant; (2) name of the business; (3) address of the facility; (4) name of the board, office, or department that made the determination; (5) the name and/or type of permit that the applicant applied for; and (6) an explanation of why the applicant is making the appeal. (c) An applicant may submit an appeal to the Secretary rather than the local environmental agency that is issuing the environmental permit regarding the time limits for processing a completeness determination on an environmental permit application and any accompanying submitted materials to a local environmental agency. The appeal shall be made under either of the following circumstances: (1) The local environmental agency has not adopted an appeals process pursuant to subdivision (c) of Section 65943 of the Government Code. (2) The local environmental agency declines to accept an appeal for a decision pursuant to subdivision (c) of Section 65943 of the Government Code. (d) The appeal shall include, at a minimum, the following information; (1) name of the applicant; (2) name of the business; (3) address of the facility; (4) name of the local environmental agency that made the determination; (5) the name and/or type of environmental permit that the applicant applied for; and (6) an explanation of why the applicant is requesting the appeal. (e) There shall be a final written determination by the Secretary on the appeal not later than 60 calendar days after the receipt of the applicant's written appeal. (f) Pursuant to subdivision (c) of Section 65943 of the Government Code, if the final written determination on the appeal is not made within the specified 60-day period, the application with the submitted materials shall be deemed complete. (g) For the purpose of this section, "local environmental agency" does not include the agencies described in subdivisions (1) and (6) of Section 10100(j) of Title 27 CCR. Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 65943.5 and 65943, Government Code. s 10400. Purpose. (a) These regulations establish the implementation framework for a pilot program intended to offer a step toward reforming California's environmental permitting system to make it more responsive, efficient, and timely, while preserving California's commitment to a safe and healthful environment. This pilot program, will allow the creation of up to twenty Permit Consolidation Zones among California's cities and counties. Within these zones, the current system of individually issued environmental permits will be augmented with a voluntary option allowing facilities to substitute a facility compliance plan in lieu of existing environmental permits for new or expanding facilities. The use of facility compliance plans is anticipated to expedite environmental permitting in the designated Permit Consolidation Zones and the pilot will provide an opportunity to test the facility compliance plan concept as a possible new model for environmental regulation. The facility compliance plan represents a new regulatory approach and should be seen by those using these regulations as a new permit concept separate and distinct from existing environmental permits. The facility compliance plan constitutes a replacement for existing environmental permits. Section 1 of Chapter 5 (commencing with Section 71035) of Division 34 of the Public Resources Code) establishes separate and distinct timeframes for the processing of facility compliance plans. The facility compliance plan must contain all the information required by existing permits and, in addition, represents an opportunity for the compilation of a comprehensive, multimedia statement of environmental operations and management at a facility. These regulations implement this program. Elements of the regulations include the application and competitive selection process for those communities who wish to join the pilot, a procedure for facilities to opt into a facility compliance plan, and a process to institute coordinated inspection and enforcement activities for facilities authorized by a facility compliance plan. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.1 through 71035.11 inclusive, Public Resources Code. s 10401. Definitions. (a) The definitions contained in this section shall apply only to these regulations. (1) "Complete and adequate" means a determination by a permitting authority that a facility compliance plan contains all the information required by Sections 71035.5(b) and 71035.6(b) of Chapter 5 of Division 34 of the Public Resources Code. A finding that a facility compliance plan is completed and adequate, incorporating all additional conditions as required by the permitting authority, shall result in the approval of the plan for the portion of the plan addressed by the permitting authority. (2) "CUPA" means a certified unified program agency as designated under Chapter 6.11 of Division 20 of the Health and Safety Code. (3) "Day" means for the purpose of these regulations, calendar days. (4) "Environmental permit" means any environmental permit issued by an environmental agency or a certified unified program agency. (5) "Excluded Facility" means any facility involved in the following operations or activities: (A) The incineration of wastes. Incineration does not include any combustion process used as part of an air pollution control system. (B) The storage, treatment, transportation, or disposal of radioactive materials. (C) Other activities that the Secretary for Environmental Protection determines, prior to approval of an application for a Permit Consolidation Zone, and based on risks to the environment and to the public health and safety, to be appropriately regulated through individual permits. (D) Other activities excluded as requested by a city or county in its Permit Consolidation Zone application. (6) "Expanding Facility" means any facility, located within a Permit Consolidation Zone which: (A) Is physically in existence at the time the facility compliance plan is submitted; (B) Is in compliance with all applicable regulations prior to the date of submittal of a facility compliance plan to the Permit Consolidation Zone Administrator; and (C) Requires a new or amended environmental permit to conduct a new or modified activity. (7) "Facility" means the site presently engaged in or at which an activity is planned that is required to obtain authorization from a permitting authority for that activity. (8) "Facility Compliance Plan" means a document that incorporates all of the following: (A) Contains information and data for all emissions and discharges from the facility and the management of solid waste and hazardous waste, including all information relevant to individual environmental permits that would otherwise be required for the facility. (B) Specifies measures, including, but not limited to, monitoring, reporting, emissions limits, materials handling, and throughputs, to be taken by the project applicant to ensure compliance with all environmental permits that would otherwise be required. (C) Meets the requirements of all individual environmental permits that would otherwise be required. (D) Ensures compliance with all applicable environmental laws, regulations, and ordinances. (9) "New Facility" means any facility, located within a Permit Consolidation Zone, which was not physically in existence prior to the date of submittal of a facility compliance plan to the Permit Consolidation Zone Administrator. (10) "Permitting Authority" means those governmental entities identified by subdivisions (a) to (g), inclusive of Section 71011 of the Public Resources Code, specifically including: (A) The Department of Toxic Substances Control (B) The Department of Pesticide Regulation (C) The State Air Resources Board (D) The State Water Resources Control Board (E) The California Integrated Waste Management Board (F) The Office of Environmental Health Hazard Assessment (G) The Regional Water Quality Control Boards (H) Air Quality Management Districts and Air Pollution Control Districts as defined in Section 39025 of the Health and Safety Code. (I) An enforcement agency, as defined in Section 40130 of the Public Resources Code (Local Enforcement Agencies operating under the authority of the Integrated Waste Management Act). (J) A county agricultural commissioner with respect to his or her administration of Divisions 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code. (K) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county. (L) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code (pretreatment to Publicly Owned Treatment Work (POTW) programs). (M) Certified Unified Program Agencies (CUPAs). (N) Any other environmental or related permitting authority that elects to become a participating agency within the Permit Consolidation Zone. (11) "Permit Consolidation Zone" means a geographical area, contiguous or non-contiguous, designated by and within the jurisdiction of a city or cities or a county or counties or both, and approved by the Review Panel, within which a facility compliance plan may be substituted for all environmental permits otherwise required. A Permit Consolidation Zone specifies the types of facilities that are eligible to operate under the authority of a facility compliance plan. (12) "Plan Applicant," means the facility owner and/or operator responsible for the preparation of a facility compliance plan. (13) "Review Panel," means the panel composed of the Secretary for Environmental Protection and the Secretary for Trade and Commerce. The Review Panel is empowered to review applicants for and designate Permit Consolidation Zones. (14) "Zone Administrator," means the individual or agency designated by the Zone Applicant to be responsible for the administration of the zone. The zone applicant may designate any person within any organization it deems appropriate to perform these duties, including but not limited to a Cal/EPA Permit Assistance Center or a Certified Unified Program Agency. (15) "Zone Applicant" means a California city or county, individually or together, seeking to be designated as a Permit Consolidation Zone. (16) "Zone Applicant Governing Authority" means the duly constituted governing board for a city or county within the State of California usually a city council in the case of a city or the board of supervisors in the case of a county. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.4, 71035.5, 71035.6, 71035.8 and 71305.10, Public Resources Code. s 10402. Eligibility for Designation as a Permit Consolidation Zone. (a) Cities or counties with a population greater than 5,000, based upon the 1990 census, are eligible to apply for a Permit Consolidation Zone which may constitute all or part of their jurisdiction. (b) Cities and counties, individually or together, may apply for a Permit Consolidation Zone. (c) Not more than 20 Permit Consolidation Zones may be designated. Applications approved shall represent a diverse range of urban and rural counties and small and large cities. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Section 71035.3, Public Resources Code. s 10403. Procedures for Submittal of a Zone Application. (a) Any qualifying city and/or county may submit an application for a Permit Consolidation Zone after the effective date of these regulations. (b) An application for a Permit Consolidation Zone shall be submitted to the Review Panel not later than December 31, 1997. The Secretary for Environmental Project, may at his discretion, extend the period of time to apply to be a zone. (c) The city and/or county preparing the application for a Permit Consolidation Zone is responsible for obtaining all the necessary agreements required in Section 10404(a)(14) with participating permitting authorities. (d) A Zone Applicant is required to provide notice to the public and all interested parties of its submittal of an application for designation of a Permit Consolidation Zone by conducting a public hearing 30 days prior to submittal of the application. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Section 71035.3, Public Resources Code. s 10404. Informational Requirements for an Application for a Permit Consolidation Zone. (a) The zone application shall: (1) Identify an individual or agency who shall perform the duties of the Zone Administrator. (2) Designate one primary point of contact for each participating permitting authority within a zone including title, address, phone number, and, if available, the facsimile number and e-mail address of the contact. (3) Identify the area which is being designated as a Permit Consolidation Zone. This shall include a description of the area and a listing of the types of facilities specifically included within the zone, a map showing the zone boundaries, the boundaries of the applicant's jurisdiction, and the boundaries of adjacent jurisdictions. (4) Identify the population of the city or county based on the 1990 census. (5) Identify the environmental permits to be substituted by the facility compliance plan. (6) Identify the types of facilities which the Zone Applicant will prohibit from inclusion within the Permit Consolidation Zone. (7) Include a copy of the resolution adopted by the Zone Applicant's governing authority that approves the creation of a Permit Consolidation Zone. (8) Identify any efforts to reform or expedite permit procedures or requirements that constitute permit streamlining that have been implemented by the Zone Applicant's jurisdiction(s) or the environmental agencies participating in the proposed Permit Consolidation Zone. (9) Identify if there is a single CUPA within the boundaries of the proposed Permit Consolidation Zone. (10) Identify the public notice requirements that currently exist for the individual environmental permits that will be substituted by a facility compliance plan. (11) Identify the public notice, hearing, comment, participation, administrative appeal, and judicial review provisions that apply to a Plan Applicant within the proposed Permit Consolidation Zone. (12) Identify the steps taken, in addition to the public notice requirement in Section 10402(d), to inform the public and businesses located within a proposed zone of the zone applicant's intent to apply for a Permit Consolidation Zone. (13) Identify the permitting authorities which have agreed to participate in the Permit Consolidation Zone. (14) Identify the agreements or agreements in process, between the zone applicant and other local, state, federal, and regional permitting agencies with jurisdiction within the boundaries of the proposed Permit Consolidation Zone. These agreements shall represent and describe the commitment of the permitting authority to participate in a Permit Consolidation Zone. The Zone Applicant shall submit all approved agreements with the application package. The approved agreements must: (A) Be binding on the parties executing the agreement; (B) Clearly identify the permits to be substituted by a facility compliance plan; and (C) Identify the appeal process to be used in the event a facility wishes to appeal a determination of incompleteness and/or inadequacy. (15) Identify any and all military bases or military reservations being converted to private use within the boundaries of the proposed Permit Consolidation Zone. (16) Identify how permitting authorities will cooperate on facility compliance inspections, consolidation of permit fees, and review and submittal of environmental monitoring reports. (17) Identify the process for conversion of a facility compliance plan to individual environmental permits, in the event of termination of the Permit Consolidation Zone, withdrawal of a permitting authority from a Zone, or upon the request of a facility who has received a facility compliance plan. (18) Identify how the California Environmental Quality Act (CEQA) will be complied with and implemented within the proposed Permit Consolidation Zone and who will be responsible. (19) Provide information that shows the proposed Permit Consolidation Zone is in conformance with all planning and zoning restrictions applicable to the permits to be substituted by a facility compliance plan within the zone. (20) Identify all economic incentive zones that exist within the Permit Consolidation Zone. (21) Identify the fees assessed for each individual permit application that may be incorporated within the consolidated fee statement for a facility compliance plan application. (22) Identify steps zone applicant will use to encourage businesses within a zone to practice pollution prevention. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.4, 71035.5, 71035.6 and 71035.8, Public Resources Code. s 10405. Process for Approval of an Application for Designation of a Permit Consolidation Zone. (a) The Review Panel shall evaluate the adequacy of an application for designation of a Permit Consolidation Zone. In conducting this review the Review Panel may rely upon staff from either agency to evaluate the application materials. (1) The Review Panel shall, within 60 days of receipt of the application, either (a) convey a letter of deficiency to the zone applicant identifying and requesting submittal of information that will allow the Review Panel to make a determination on the zone designation, or (b) advise the zone applicant that the zone application contains the information necessary to make a designation. (2) In the event a letter of deficiency is sent to the zone applicant, the zone applicant shall submit information correcting the deficiency, at the earliest opportunity, but in no event after June 30, 1998. The Review Panel shall have 60 days to conduct its review of the submitted information to determine if the application is complete. (3) Zone applications shall be acted upon by the Review Panel within 30 days of their being found to contain all the necessary elements to allow a zone determination to be made. (4) The zone applicant shall be notified of the Review Panel's determination in writing. (5) A Permit Consolidation Zone shall become effective following its designation by the Review Panel. A Zone Applicant may determine a specific date following approval by the Review Panel for the Zone to become operational. (6) An application for a Permit Consolidation Zone that remains deficient after June 30, 1998 shall be denied. (b) When evaluating a zone application, the Review Panel shall consider the following factors: (1) The extent to which the zone applicant has implemented permit streamlining for permits under its own authority. (2) Whether there is a single CUPA within the boundaries of the area proposed as a zone. (3) The provisions made to ensure adequate public participation in the final permit decisions on facilities subject to a facility compliance plan. (4) The contents of existing or proposed agreements between the applicant and other local, state, and regional permitting agencies with jurisdiction within the proposed Permit Consolidation Zone. (c) The Review Panel shall make its determination of approval of a zone application only on the basis of and after finding that the application fulfills the requirements of Sections 10402, 10404, and 10405(b). (d) The Review Panel shall make its zone designations based upon the applications that are pending before it at the time a decision is made. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.4, 71035.5, 71035.6 and 71035.8, Public Resources Code. s 10406. Responsibilities of the Zone Administrator. (a) The Zone Administrator shall have the following responsibilities: (1) Ensure that the Review Panel has all the necessary information it may request to allow it to render a decision on the zone application. (2) Monitor the coordination and cooperation of all participating and related permitting authorities. (3) Monitor the review of facility compliance plans by permitting authorities and facilitate the greatest possible coordination between the permitting authorities to expedite their review. (4) Submit to the Plan Applicant a consolidated fee statement that specifies the individual fees payable to each permitting authority making a determination of completeness and adequacy for a portion of the facility compliance plan. (5) Monitor activities performed by permitting authorities to conform to CEQA. (6) Ensure the transmittal of the facility compliance plan, following the receipt of all determinations of completeness and adequacy, to the Secretary for Environmental Protection. (7) Immediately notify the Plan Applicant when a complete and adequate facility compliance plan has been transmitted to the Secretary for Environmental Protection. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.4, 71035.5, 71035.6 and 71305.10, Public Resources Code. s 10407. Process for Amendment or Termination of a Zone Designation. (a) A designated Permit Consolidation Zone may be amended by submittal of a request from the Zone Administrator to the Review Panel. (1) The amendment request shall contain the information necessary to augment the information provided in the application materials required by Section 10405 to make those materials consistent with the requested amendment. (2) Public notice of an intent to amend a zone designation shall become effective 90 days prior to the Zone's governing board's action directing the submittal of a "request to amend" to the Review Panel. (3) The request for amendment, unless denied by the Review Panel, shall become effective 90 days after the date of receipt by the Review Panel. (b) A designated Permit Consolidation Zone may be terminated by submittal of a notice of intent to terminate to the Review Panel. (1) A transmittal letter and concurring resolution adopted by the Zone's governing authority shall constitute a notice of intent to terminate a Permit Consolidation Zone. (2) Notice of the intention of the Zone to terminate its designation shall be provided by the Zone's governing board 30 days prior to formal consideration of the termination to each participating permitting authority and all facilities within the Zone who have applied for or who have received approved facility compliance plans. (3) Public notice of an intent to terminate a zone designation shall be provided fourteen days prior to the Zone's governing board's action directing the submittal of a "notice of intent to terminate" to the Review Panel. (4) The Permit Consolidation Zone shall be terminated 180 days following the submittal of the notice of intent to the Review Panel. (c) A permitting authority participating in a Permit Consolidation Zone may withdraw from the Zone by following the procedures set forth in subpart (b) above. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3 and 71035.4, Public Resources Code. s 10408. Termination or Amendment of Permit Consolidation Zones; Process for Conversion of a Facility Compliance Plan to Individual Environmental Permits. (a) A facility compliance plan shall be converted into individual environmental permits when a zone is terminated or if a zone amendment results in the facility no longer being included within the zone. (b) The process of conversion shall be the process identified in the application for designation of the Permit Consolidation Zone. (c) A facility compliance plan shall remain in effect, unless otherwise prohibited by law, until such time individual environmental permits are issued or denied by the permitting authorities. A facility operating under a facility compliance plan shall not be denied an individual operating permit for the operations conducted pursuant to a complete and adequate facility compliance plan except in the case such operation would be in conflict with a law or regulation or ordinance applicable at the time the facility compliance plan would be converted to an individual permit. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.4, 71035.5 and 71035.6, Public Resources Code. s 10409. Contents of the Facility Compliance Plan. (a) The Plan Applicant shall prepare and submit a proposed facility compliance plan for review by the individual permitting authorities. (1) The proposed facility compliance plan shall demonstrate compliance with all applicable environmental laws, rules, regulations, and ordinances specified by the permitting authorities for the activity to be authorized by the facility compliance plan. (2) The proposed facility compliance plan shall contain the information required by Section 10401(a)(8). (b) The proposed facility compliance plan may incorporate the following optional elements, provided they are not otherwise required by a permitting authority, with the understanding that they shall not constitute a substitute for any existing regulatory compliance requirements: (1) Identification of relevant environmental impacts associated with the operation of a facility; (2) Identification of operational standards for environmental performance which meet or exceed all permit and other legal requirements; (3) A description of an internal environmental management procedures which enable the facility to meet its legal requirements; (4) A monitoring and reporting system which identifies operational performance and identifies any excursion from established goals; (5) Appropriate training, awareness, and communication systems for the organization; (6) Appropriate documentation and document control; (7) Consolidated plans for appropriate emergency preparedness and response; (8) Procedures establishing internal audits; and (9) Procedures for appropriate supervisory review of performance in meeting established environmental goals. (c) A facility compliance plan shall contain the conditions deemed necessary by a permitting authority to render a plan complete and adequate. The conditions imposed by a permitting authority shall be consistent with its authority to impose conditions on individual environmental permits for which the facility compliance plan is a substitute. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.4, 71035.5, 71035.6 and 71035.8, Public Resources Code. s 10410. Process for Submittal, Review, and Approval of a Facility Compliance Plan. (a) Notification (1) A Plan Applicant shall provide written notice to the Zone Administrator and each participating permitting authority within the Zone of its intent to substitute a facility compliance plan for individual environmental permits. The notice shall provide a description of the activities to be conducted under the terms of a facility compliance plan. (2) The Zone Administrator shall develop a form or checklist to be used by the Plan Applicant to augment the information provided in the notice. The contents of the form or checklist shall be used to allow the participating permitting authorities to review the nature of the proposed facility operation to determine if the activity falls under their jurisdiction. (3) A notice of intent to submit a proposed facility compliance plan shall be provided to the Zone Administrator and each participating permitting authority not less than 60 days prior to submittal of the plan. (4)(A) The Zone Administrator shall, during the public notice period preceding submittal of a proposed facility compliance plan for consideration, facilitate discussions with the Plan Applicant and the individual permitting authorities to clarify the technical information required in a complete and adequate facility compliance plan. (B) At any time subsequent to the sixty-day notification period, a Plan Applicant may submit a proposed facility compliance plan to the Zone Administrator. (b) Where feasible and practicable, and at the request of the Zone Administrator, California Environmental Protection Agency Permit Assistance Centers may participate in the review of a proposed Facility Compliance Plan. (c) The Plan Applicant shall submit a copy of a proposed facility compliance plan concurrently to the Zone Administrator and to each permitting authority participating in the zone from whom a determination of completeness and adequacy is required. (d)(1) The permitting authorities reviewing the proposed facility compliance plan shall transmit their determination whether the proposed plan is complete and adequate to the Plan Applicant and Zone Administrator within 45 days of receipt of the plan. (2) The Zone Administrator shall, within five (5) days of receiving all required determinations of completeness and adequacy from the appropriate permitting authorities, transmit the consolidated determination to the Secretary for Environmental Protection. (e) If the proposed facility compliance plan is determined not to be complete and adequate, the permitting authority shall, not later than 45 calendar days after receipt of a proposed facility compliance plan, specify in writing to the applicant and Zone Administrator those parts of the plan that are deficient and shall list and provide a thorough description of the information that must be provided to allow a determination of completeness and adequacy to be made. (f) The Plan Applicant shall resubmit the proposed facility compliance plan incorporating the information required by the permitting authorities to render the plan complete and adequate. The permitting authorities shall, within 30 days of receipt of the resubmitted plan, determine in writing whether the proposed plan is complete and adequate. The permitting authorities shall transmit their determination to the Zone Administrator and the Plan Applicant. If the determination of completeness and adequacy from any individual permitting authority is not provided within the 30-day period, the portion of the proposed facility compliance plan applicable to the permitting authority that did not meet that determination deadline, shall be deemed to be complete and adequate. (g) Each permitting authority shall identify, in the application for designation of a Permit Consolidation Zone, a process for the Plan Applicant to appeal a determination of incompleteness or inadequacy. This process shall be the permitting authority's existing appeal process, or, in the event the existing process is not in conformance with the time frames provided by these regulations, a separate process adopted by the permitting authority's governing body. (h) The permitting authority shall make a final determination of an appeal by a Plan Applicant within 60 calendar days after receipt of the Plan Applicant's written appeal. If the decision on appeal is not made within the 60-day period that portion of the facility compliance plan subject to the appeal, shall be deemed to be complete and adequate. (i) All applicable individual environmental permits for the project shall be deemed to have been issued upon the filing of a complete and adequate facility compliance plan with the Secretary for Environmental Protection. (j) The Plan Applicant and any permitting authority may mutually agree to waive the timeframes provided in this section or establish a mutually agreed upon substitute timeframe. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.4, 71035.6 and 71035.8, Public Resources Code. s 10411. Process to Amend a Facility Compliance Plan. (a) A facility compliance plan shall be drafted in such a manner as to reflect a range of operating parameters that will anticipate future operations and which provide flexibility to the Plan Applicant. (b)(1) In the event a facility seeks a modification of operational terms beyond that contemplated and authorized by the facility compliance plan, the facility shall submit an amended facility compliance plan for consideration. The amended plan shall be reviewed pursuant to the provisions identified in Section 10410 for a new facility compliance plan. (2) Only the portion of the plan which is being amended will be subject to review by the permitting authorities. (3) No additional requirements shall be imposed within an amended facility compliance plan except as they are specifically applicable to the subject of the activity for which the amendment is sought. (4)(A) A facility compliance plan shall be subject to any provision of law or regulation adopted subsequent to the approval of the plan. At the request of a permitting authority, a facility operating under a facility compliance plan may be required to incorporate language within the plan to reflect compliance with laws and regulations adopted subsequent to the initial determination of completeness and adequacy. (B) A facility shall submit an amended facility compliance plan to a permitting authority whenever submission of an amended application for an environmental permit, for which the facility compliance plan is a substitute, would otherwise be required by law. (5) If a provision of a facility compliance plan is found by a permitting authority to cause or threatens to cause a threat to public health or safety, or harm to the environment, the plan shall be subject to immediate modification to remove that threat or harm. (c) To the extent not otherwise authorized by law or regulation, amendment of a facility compliance plan is not required for any of the following: (1) Any physical change, process change, change in method of operation, addition to or any change in hours of operation, or change in the production rate, provided the change does not result in an increase in or change, in the nature of emissions or discharges from the facility beyond that contemplated in the facility compliance plan; (2) A change in ownership, or operator; (3) Routine maintenance and repair; (4) Equivalent replacement of an existing facility structure, building, apparatus, or equipment, provided the replacement will not result in an increase in the nature or amount of emissions or adds a new emission parameter inconsistent with the overall emission limits set by the facility compliance plan, and/or (5) Replacement of equipment resulting in an increase or decrease in emissions or discharges released to the environment, provided the increase is consistent with the terms of the facility compliance plan setting overall emission limits. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.4, 71035.6 and 71035.8, Public Resources Code. s 10412. Assessment of Fees. (a)(1) Permit application fees, payable upon submittal of a facility compliance plan, shall be determined by each permitting authority and conveyed to the Plan Applicant in a single consolidated statement prepared by the Zone Administrator. The fees assessed for the facility compliance plan shall not exceed those fees applicable to the permits for which the facility compliance plan is a substitute. All costs currently recovered by a permitting authority for any aspect of the review of a permit application shall be recoverable through the fee assessed for a facility compliance plan. Any fee associated with the operation of a facility is not affected by these regulations and is payable to the permitting authority through their existing procedures. (2) The fees submitted with the facility compliance plan shall be through separate checks payable to each permitting authority for that portion of the plan subject to their review. (3) Where fees are allowed to be determined on an actual cost basis, the consolidated fee statement shall indicate that the fee is so based. Permitting authorities shall take adequate measures to account for fees not expended in the event a fee reimbursement becomes necessary. (4) In the event a facility compliance plan is amended, or a participating permitting authority withdraws from a Zone, or a Zone is terminated, a facility shall pay to the appropriate permitting authority the actual cost to incorporate the amendment, or convert the facility compliance plan to an individual environmental permit. (5) Until such time as the requisite fees for a facility compliance plan application or amendment are paid, the 45-day review period identified in Section 10410(d)(1) shall be tolled. (6) A facility compliance plan shall be subject to all annual operating fees otherwise required for an individual environmental permit. Non-payment of any annual operating fee shall subject the portion of the facility compliance plan to termination upon 60 day notice to the facility. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.5, 71035.6 and 71035.8, Public Resources Code. s 10413. Effective Date of a Facility Compliance Plan. (a) A facility compliance plan becomes effective upon the date all elements of a complete and adequate plan are received by the Secretary for Environmental Protection. (b) A facility shall not construct or expand until notified, in writing, that the facility compliance plan for such construction or expansion has been determined to be complete and adequate by all appropriate permitting authorities, except as otherwise authorized by law. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.5, 71035.6 and 71035.8, Public Resources Code. s 10414. Facility Compliance Plan Format. (a) No format is specifically identified in these regulations for the submittal of an application for either a Permit Consolidation Zone or a facility compliance plan. A designated Permit Consolidation Zone may prescribe the format to be used for a facility compliance plan in the application submitted for its designation as a zone. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.5 and 71035.6, Public Resources Code. s 10415. Facility Compliance Plan; Term. (a) Unless otherwise restricted by law, a facility compliance plan is effective throughout the term of the pilot program and until converted into individual environmental permits as provided in Section 10408. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.5, 71035.6 and 71035.7, Public Resources Code. s 10416. Reimbursement of Fees in the Event a Permit Consolidation Zone is Amended or Terminated or a Facility Compliance Plan is Withdrawn. (a) Fees submitted by a Plan Applicant for review of a facility compliance plan shall, in the event of amendment or termination of a Zone removing a facility from inclusion within a Zone, or upon the withdrawal of the plan by the facility owner/operator, be reimbursed on a pro-rata basis reflecting the costs incurred by the permitting authorities for review of the facility compliance plan, except in those cases where the application fee for the individual environmental permit being replaced by the facility compliance plan offers no opportunity for reimbursement. (b) In the event of amendment or termination of a Zone removing a facility from inclusion within a Zone and the Plan Applicant wishes to obtain approval for the facility, the portion of the fee that would otherwise be reimbursed to the Plan Applicant may be applied to the review of individual permits. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.5 and 71035.6, Public Resources Code. s 10417. Enforcement of Facility Compliance Plan. (a) A facility compliance plan shall, in all respects, be subject to enforcement by a participating permitting authority the same as if it were an individual permit issued by the permitting authority. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.5 and 71035.6, Public Resources Code. s 10418. Confidentiality. (a) These regulations do not modify any ability of a Plan Applicant or permitting authority to preserve the confidentiality of portions of the facility compliance plan that qualify for such designation under existing authority. (b) The Zone Administrator and any participating permitting authority shall maintain the confidentiality of any portion of the facility compliance plan requested by the Plan Applicant in conformance with existing procedures for the protection of confidential documents submitted as part of a permit application. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.5 and 71035.6, Public Resources Code. s 10419. Reports Required to Be Submitted by the Zone Administrator to the Review Panel. (a) By December 31 of each year, the Zone Administrator shall submit a report to the Review Panel that states the progress of implementation of the program within the pilot Permit Consolidation Zone. The reports, shall at a minimum, contain: (1) The number of facilities that have submitted a facility compliance plan and the status of that plan in the review/approval process; (2) Whether any Plan Applicant used the facility compliance plan appeal process and the outcome of that appeal; (3) Any written comments received from any party regarding the implementation of the pilot program; (4) Any recommendation the Zone Administrator wishes to convey regarding the implementation of the pilot program and/or proposed changes in legislative language; and (5) Any other information the Zone Administrator wishes to convey or which has been requested by the Review Panel. Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Section 71305.10, Public Resources Code. s 15100. What is the Unified Program? (a) The Secretary administers the Unified Program pursuant to Chapter 6.11 of the Health and Safety Code and regulations of this Division. This Division integrates but does not duplicate requirements established pursuant to: (1) The Hazardous Waste Generator Program and the Hazardous Waste Generator Onsite Treatment activities authorized under the permit-by-rule, conditionally authorized, and conditionally exempt tiers - Health and Safety Code, Division 20, Chapter 6.5 (generally supplemented by Division 4.5, Title 22 of the California Code of Regulations; (2) The Aboveground Storage Tank Program Spill Prevention Control and Countermeasure Plan requirements - Health and Safety Code, Division 20, Chapter 6.67, Section 25270.5(c); (3) The Underground Storage Tank Program - Health and Safety Code, Division 20, Chapter 6.7; (4) The Hazardous Materials Release Response Plans and Inventory (Business Plan) program - Health and Safety Code, Division 20, Chapter 6.95, Article 1 (generally supplemented by Title 19 of the California Code of Regulations, Sections 2620-2732); (5) The Risk Management and Prevention Program (RMPP) - Health and Safety Code, Division 20, Chapter 6.95, Articles 2 (generally supplemented by Title 19 of the California Code of Regulations, Sections 2620-2732); (6) The Hazardous Materials Management Plans and the Hazardous Materials Inventory Statement requirements - Section 80.113, Part 9 of Title 24, California Code of Regulations. (b) Health and Safety Code, Division 20 Chapter 6.11 and these regulations outline the requirements for the Unified Program for hazardous materials and hazardous waste management, which is set forth in state law and will be implemented by state and local government. (1) The Secretary of the California Environmental Protection Agency (Secretary) will develop and implement a "unified hazardous waste and hazardous materials management" regulatory program. The implementation of Health and Safety Code, Chapter 6.11 shall not result in a hazardous waste and hazardous materials management program (Unified Program) which is more fragmented than those programs now in existence. (2) The Secretary will work with and consider input from state agencies that have responsibilities to manage Unified Program elements to provide for a consolidated, coordinated, and consistent Unified Program throughout the state. The Governor's Office of Emergency Services has responsibility for the Business Plan program and the Risk Management and Prevention program. The State Fire Marshall has responsibility for Section 80.103 of the Uniform Fire Code, as adopted pursuant to Section 13143.9 of the Health and Safety Code, concerning the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement. The State Water Resources Control Board has responsibility for the Underground Storage Tank program and represents the Regional Water Quality Control Boards for the Above Ground Tank Spill Prevention Control and Countermeasure plan. The Department of Toxic Substances Control has responsibility for the Hazardous Waste Generator and Onsite Hazardous Waste Treatment programs. (3) The Unified Program shall provide to a "Certified Unified Program Agency" (CUPA) the authority to apply statewide standards to each facility within its jurisdiction. (4) If no local agency has been certified within the unincorporated area of the county, the Secretary shall determine which agency should be designated as the CUPA or authorize certain state or local agencies' roles, responsibilities, and authorities to continue pursuant to Health and Safety Code, Section 25404.3(f)(2). (A) Any agency designated by the Secretary as the CUPA pursuant to Health and Safety Code, Section 25404.3(f)(2) must comply with the requirements in these regulations. (B) Any state or local agency authorized to continue its role, responsibilities and authority pursuant to Health and Safety Code, Sections 25404.3(f)(2) or 25533(f) shall comply with the requirements in the regulations placed on CUPAs with the exception of Articles 3, 4, and 7, Sections 15210, 15220, 15230, 15240, 15250, and 15260. (5) The Unified Program requires the CUPA in a jurisdiction to consolidate all permits, coordinate enforcement of all regulations and ordinances, and develop and coordinate a single inspection and enforcement program. (6) The Unified Program requires each CUPA to institute a single fee system, which shall replace certain fees levied by state and local agencies; the revenue collected through this single fee will be used to fund the administration of those activities which will compose the Unified Program. (7) The Secretary must review local agency applications for certification as a CUPA and consider the agency's resources as criteria for certification; more than one agency may be included in the application and certified to implement the program elements of the Unified Program. (8) The Secretary is required to periodically review the ability of each CUPA to carry out the Unified Program; the Secretary may withdraw an agency's certification if the agency has failed to adequately implement the program. (c) To avoid overlap in responsibilities, CUPA and State Agency responsibilities for the Hazardous Waste Generator and Onsite Hazardous Waste Treatment elements are clarified as follows: (1) DTSC will coordinate, to the maximum extent feasible, the responsibilities concerning hazardous waste generators and onsite hazardous waste treatment activities with the CUPA at a hazardous waste Treatment, Storage and Disposal (TSD) facility. (2) CUPAs may refer enforcement cases to the DTSC. DTSC may accept enforcement cases at its discretion. (3) CUPAs will establish procedures to accept the following reports from businesses: (A) Contingency Plan activation report for permitted facilities (22 CCR 66264.56(j) and 22 CCR 66265.56(j)). (B) Release reports for tank systems or secondary containment systems reporting the release of a reportable quantity (22 CCR 6625.196(e)). (C) Tiered Permitting Closure Reports. (4) CUPAs will review source reduction documents required of businesses pursuant to Health and Safety Code, Sections 25244.19, 25244.20, and 25244.21; and may impose civil penalties pursuant to Health and Safety Code, Section 25244.21(a). (5) Hazardous Waste Manifest documents will continue to be submitted to the DTSC. (6) Hazardous Waste Manifest Exception Reports will continue to be submitted to the DTSC. (7) The DTSC will retain responsibility for hazardous waste classifications. (8) The DTSC will retain responsibility for the oversight of the exports out of the country of hazardous waste. (9) The DTSC and the US Environmental Protection Agency will retain responsibility for issuing EPA numbers. (10) The DTSC will retain responsibility for the following elements of the Hazardous Waste Source Reduction and Management Review Act of 1989 (Health and Safety Code, Sections 25244.12 et. seq.); (A) Conduct a technical and research assistance program pursuant to Health and Safety Code, Section 25244.17. (B) Select at least two categories of generators by SIC Code every two years to identify successful source reduction measurers pursuant to Health and Safety Code, Section 25244.18(a). (C) Impose civil penalties pursuant to Health and Safety Code, Section 25244.18(d)(2). (D) Report to the legislature pursuant to Health and Safety Code, Section 25244.22. (11) The DTSC will retain the responsibility to collect Biennial Reports specified in 22 CCR 66262.41. (d) To avoid overlap in responsibilities, CUPA and State Agency responsibilities for the Aboveground Storage Tank program element are clarified as follows: (1) Aboveground Storage Tank Spill Prevention Control and Countermeasure (SPCC) Plan responsibilities for CUPAs are: To determine if an SPCC Plan is required, verify that a plan is on site when required, and refer facilities lacking required plans to the appropriate Regional Water Quality Control Board for follow-up procedures. (e) To avoid overlap in responsibilities, CUPA and State Agency responsibilities for the Underground Storage Tank program elements are clarified as follows: (1) A CUPA may oversee the abatement of unauthorized releases of hazardous substances from underground storage tanks pursuant to the Local Oversight program (LOP) listed in Health and Safety Code. Section 25297.1, providing the following criteria are met: (A) The CUPA must demonstrate its capability to oversee corrective action by having two years of acceptable experience implementing the underground storage tank program under Regional Water Quality Control Board oversight after which time the CUPA may apply to the State Water Resources Control Board (SWRCB) to enter into an agreement for the Local Oversight Program (LOP). (B) The funding source available to the SWRCB is sufficient to cover the LOP agreements. (f) To avoid overlap in responsibilities, CUPA and State Agency responsibilities for the Business Plan and RMPP program elements are clarified as follows: (1) OES will coordinate the consolidation of planning formats pursuant to Health and Safety Code, Section 25503.4. (2) OES will coordinate program responsibilities concerning Business Plans and RMPP activities. (3) OES will coordinate revisions to the single comprehensive hazardous material reporting form required pursuant to Health and Safety Code, Section 25503.3 and to the RMPP guidance document. (4) CUPAs will establish procedures for acceptance, tracking and maintenance of Business Plans, RMPP, and acutely hazardous materials registration forms from regulated businesses. (5) CUPAs will establish procedures for acceptance, tracking and maintenance of reports of any release or threatened release of a hazardous material which poses the potential for significant hazard. (6) CUPAs will integrate information from the business plans submitted into the development and implementation of an area plan, as defined in Health and Safety Code, Chapter 6.95, Article 1, within their jurisdiction. (7) CUPAs shall ensure emergency response personnel and OES full access to information collected and maintained regarding implementation of Business Plans and RMPP program elements. (g) To avoid overlap in responsibilities, CUPA and State Agency responsibilities for the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement (Health and Safety Code, Section 25404(c)(6)) is clarified as follows: (1) The State Fire Marshal (SFM) will coordinate program responsibilities concerning the Hazardous Material Management Plan and Hazardous Materials Inventory Statements. (2) The Hazardous Material Management Plan and Hazardous Materials Inventory Statements, when required, will comply with Health and Safety Code, Sections 25500 through 25545 and California Code of Regulations, Title 19, Division 2, Chapter 4, Section 2620 et. seq. (3) Each CUPA will ensure full access to and availability of information submitted under Section 80.103 (b) and (c), Part 9 of the CCR Title 24, to any Chief of any county or city fire department or district with shared responsibility for protection of the public health and safety of the environment. The CUPA will forward the data collected, within 15 days of receipt and conformation, to the county or city fire department or district. (h) An applicant agency shall apply to the Secretary according to the provisions of Sections 15130, 15140, 15150, and 15160 to become a Certified Unified Program Agency. (i) An applicant agency which is granted certification pursuant to Articles 4 and 5 shall implement the Unified Program as specified in the implementation plan submitted in compliance with Section 15150(e)(6). (j) A Certified Unified Program Agency shall maintain certification through the administration of the Unified Program in compliance with Articles 5 and 6.. Figure 1 PA Responsibilities Agreements with Participating Agencies Administrative Procedures Reporting and Self Audits Consolidated Enforcement Consolidated Inspections Consolidated Permits Single Fee System Participating Agency Review CUPA Note: Authority cited: Sections 25404(b), 25404.1(b)(1), 25404.3(f) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(b), (c) and (d), 25404.1, 25404.2(a) and (c), 25404.3(f), 25404.5 and 25533(f), Health and Safety Code. s 15110. What Terms Need to be Clarified to Understand the Unified Program Regulations? (a) For purposes of this Division, the following terms have the following meanings. All Health and Safety Code citations reference Division 20 unless otherwise specified. Applicant Agency means a county, city or other local agency which is applying to the Secretary to become a Unified Program Agency. Certified Unified Program Agency or CUPA is an agency which has been certified pursuant to the requirements of Chapter 6.11 and these regulations. Consolidated Permit means those permits required to be consolidated pursuant to Health and Safety Code, Section 25404(c) and other permits not specifically required by Health and Safety Code Section 25404(c) but included within a Unified Program. The Consolidated Permit may be a single permit or multiple permits in a single package which shall minimize duplicate information. Enforcement Actions. There are the following types of Unified Program enforcement actions: (1) Formal Enforcement is an action which mandates compliance and initiates a civil, criminal, or administrative process which results in an enforceable agreement or order. Enforceable means the instrument creates an independent, affirmative obligation to comply and imposes sanctions for the prior failure to comply. Sanctions include fines and penalties as well as other tangible obligations, beyond returning to compliance, that are imposed upon the regulated. Examples include administrative orders and civil and criminal referrals to the appropriate prosecutor. (2) Informal Enforcement is an action other than a formal enforcement action that notifies the regulated business of its non-compliance and establishes a date by which that non-compliance is to be corrected. Examples include a letter or notice of violation. Informal actions do not impose sanctions. (3) Integrated or Multi-media Enforcement is a formal enforcement action involving either Unified Program and non-Unified Program Agencies or involving more than one environmental medium (i.e.; air, water, soil). An integrated or multimedia enforcement requires more than one agency's involvement or one medium-specific action to bring about compliance or to abate, investigate, prosecute, or remediate the violations. Inspection Categories. There are four (4) categories of Unified Program inspections. One inspection may be reported in more than one category: (1) Single Program Inspection is an inspection of a regulated business conducted by one inspector for only one Unified Program element. (2) Combined Inspection is an inspection of a regulated business conducted by one inspector representing two or more Unified Program elements or other program elements. (3) Joint Inspection is an inspection of a regulated business, conducted by two or more inspectors representing different Unified Program Agencies within a CUPA, specifically to evaluate operations within the expertise of those regulatory agencies. (4) Integrated or Multi-media Inspection is an inspection either involving Unified Program and non-Unified Program Agencies and/or involving more than one environmental medium (i.e.; air, water, soil) of a regulated business that results in consolidating inspections. Inspection Types. There are two (2) types of Unified Program inspections, which for reporting purposes are mutually exclusive: (1) Routine Inspection is a regularly scheduled inspection to evaluate compliance pursuant to one or more program elements. (2) Other Inspection includes, but is not limited to, regulatory field activity such as complaint investigations, enforcement follow-up, closures, tank installation and/or removal oversight, tank cleaning, and release investigations. It does not include routine inspections or field or site visits whose principle purposes are informational or educational, pollution prevention education, verification of administrative information, or orientation of new owners or operators. "Other Inspection" also includes verification inspections for the administrative requirement of subdivision (c) of Section 25270.5 for owners and operators of aboveground storage tanks to prepare a spill prevention control and countermeasure plan. Participating Agency is an agency which has a formal agreement with the CUPA to implement and enforce a program element as part of the Unified Program. Program Element is a program listed in Health and Safety Code, Section 25404(c), or it may be a program other than those mandated in Health and Safety Code, Section 25404(c) which is voluntarily consolidated into a Unified Program, to be carried out in conjunction with a program listed in 25404(c). Regulated Business means any of the following: (1) "person" as defined in: (A) the Hazardous Waste Management Program, Health and Safety Code, Chapter 6.5, Section 25118 and (B) the California Hazardous Substances Tax Law, Revenue and Taxation Code Part 22, Division 2, Section 43006. (2) "business" as defined in the Hazardous Materials Emergency Response Plan and Inventory (Business Plan) program, Health and Safety Code, Chapter 6.95, Section 25501(d). (3) "facility" as defined in the Underground Storage Tank Program, Health and Safety Code, Chapter 6.7, Section 25281(e). (4) "tank facility" as defined in the Aboveground Storage Tank Program, Health and Safety Code, Chapter 6.67, Section 25270.2(l). (5) "hazardous waste facility" as defined in the Hazardous Waste Management Program, Health and Safety Code, Chapter 6.5, Section 25117.1. (6) "stationary source" as defined in the California Accidental Release Prevention Program, Health and Safety Code, Chapter 6.95, Section 25532(k). Responsible Agency is the Certified Unified Program Agency (CUPA) or participating agency (PA), which implements a particular program element of the Unified Program. Service charge means surcharge as described in Section 25404.5(b) of the Health and Safety Code. Unified Program Data Dictionary (data dictionary) defines data elements, data field size and type, and edit criteria for regulatory data that shall be collected and retained by a CUPA. It has the following sections: (1) Business Section: for information reported from businesses to CUPAs. [Division 3, Subdivision 1, Chapters 1-4] (2) CUPA Section: for CUPA-to-State reporting of CUPA activities or other information that shall be collected and retained by a CUPA and reported pursuant to Section 15290. [Division 3, Subdivision 1, Chapter 5, Unified Agency Reporting] Unified Program Consolidated Form (UPCF) is a form used by Unified Program regulated businesses to provide a standardized document to satisfy numerous business-to-CUPA reporting requirements. It consolidates information regulated businesses are required to provide for different program elements to the CUPA. It incorporates or replaces previous state and local forms for Unified Program program elements. The UPCF consists of the sections described in Section 15400 and is found in Division 3, Subdivision 1, Chapter 6, Forms. Note: Authority cited: Sections 25404(b), (c), (d) and (e), Health and Safety Code. Reference: Sections 25404(c) and (d), 25404.5(a) and 25532(k), Health and Safety Code; Section 43006, Revenue and Taxation Code; and the 1996 United States Environmental Protection Agency Enforcement Response Policy for the Resource Conservation and Recovery Act. s 15120. Who can apply to be a Certified Unified Program Agency? (a) Counties must apply. (b) Cities or other local agencies which qualify pursuant to Health and Safety Code Section 25404.1(b)(2) may apply. (c) Two or more counties, cities or local agencies which propose to form a Joint Powers Agency may apply. (1) Cities or other local agencies which have formed or propose to form a JPA may apply if one of the following is true: (i) A maximum of two member agencies of the JPA have not implemented the Business Plan program or the Underground Storage Tank program prior to December 31, 1995 and at least one member agency has implemented the Business Plan program or the Underground Storage Tank program prior to December 31, 1995, or (ii) The JPA has an agreement with the County to implement the Unified program in the JPA's jurisdiction, or (iii) The county is a member agency of the JPA. Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Section 25404.1(b), Health and Safety Code. s 15130. What are the application notices and deadlines? (a) A non-county agency which intends to apply for certification as a CUPA shall file with the Secretary and the county within which the city or other local agency is located, a letter which expresses the applicant's intent to apply. This "intent to apply" letter shall be valid if mailed to: Unified Program Certification, c/o: Department of Toxic Substances Control, P.O. Box 806, Sacramento, California, 95812-0806 by December 31, 1994. (1) Failure to file an intent to apply letter shall not serve as grounds for the Secretary to reject an application. (b) Any request by a non-county agency to the Secretary for approval to apply for certification pursuant to Health and Safety Code Section 25404.1(b)(2)(B) shall be submitted in writing. (1) In its request, the applicant shall specify the date on which it received the county's reasons for failing to enter into an agreement. Any relevant correspondence to or from the county shall be attached to the request. (2) The Secretary shall respond within 45 days of receiving the request. (c) A city or other local agency which intends to act as a participating agency shall notify the county in which it is located of this intent, no later than December 31, 1994. (1) Failure of a city or other local agency that qualifies pursuant to Section 25404.1(b)(4) to provide this notification shall not serve as grounds for a county to refuse to include the city or other local agency as a participating agency in an application for certification. (d) Each county shall and each city or other local agency within the county which qualifies pursuant to Health and Safety Code. Section 25404.1(b)(2) and chooses to apply, shall apply for certification on or before January 1, 1996. (e) Two or more counties, cities, or other local agencies which have formed or propose to form a Joint Powers Agency may apply jointly for certification on or before January 1, 1996. (f) A city which incorporates after January 1, 1996 may apply for certification as a CUPA pursuant to Health and Safety Code, Section 25404.1(b)(2)(B) and section 15130(b) above. Any request to the Secretary for approval to apply for certification shall be submitted within 180 days of incorporation. (g) Applications shall be valid if they meet the requirements of this article and one copy is mailed to: Unified Program Certification, c/o: Department of Toxic Substances Control, P.O. Box 806, Sacramento, CA 95812-0806. Note: Authority cited: Sections 25204(b) and 25404.6(c), Health and Safety Code. Reference: Section 25404.1(b), Health and Safety Code. s 15140. Must proposed participating agencies enter into final agreements with the applicant agency before the application is submitted? (a) The application for certification shall include an Agreements Section [refer to Section 15150(d)]. The Agreements Section shall include draft or final agreements between the applicant agency and all proposed participating agencies. Final copies of all agreements must be submitted to the Secretary prior to certification. (1) If an applicant agency proposes that any agency other than itself implement any aspect of the single fee system including the surcharge, the applicant agency shall maintain a written agreement specifying responsibilities. (A) The written agreement shall identify responsibility for absorbing funds lost to non-payment of fees. (B) The written agreement shall identify under what conditions and authority fees will be waived. Figure 2 Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. References: Section 25404.3(d), Health and Safety Code. s 15150. What information must be provided in an application? (a) Identify which agency will be the point of contact within the CUPA. (1) An applicant agency shall designate only one administrative body, such as an internal department or office within a county or city, within that jurisdiction as the point of contact for Unified Program implementation. (2) The governing body of the applicant agency may designate itself as the point of contact by not specifying any other. (3) The applicant agency shall provide the name, address, phone number, and facsimile number of the contact (use Appendix A). (b) The application for certification as a CUPA shall be signed by at least one elected or appointed official who is authorized to represent the jurisdiction. (c) The application for certification shall include an Authorizations Section including a list and brief description of all ordinances and resolutions used in the Unified Program. (1) If overlapping authority will arise pursuant to certification under this Division, the applicant agency shall include in the application, a discussion of how jurisdictional authority will be managed to ensure that health and safety are maintained within the jurisdiction. (2) Copies of all underground storage tank ordinances required by Health and Safety Code, Chapter 6.7 must be provided. (d) The application for certification shall include an Agreements Section including copies of all agreements or draft agreements between the applicant agency and proposed participating agencies [refer to Section 15140]. (e) The application for certification will be constructed in sections so as to meet the requirements of and the structure of Appendix A and shall include the following: (1) A cover sheet which shall be Appendix A filled out with the appropriate information. (2) For a county applicant, documentation that cities within the county either intend or do not intend to apply to be a CUPA. Documentation may take the form of a listing of all cities within the county with an indication of whether they intend to apply or not. (3) A description of the geographic scope of the Unified Program. (4) The number of regulated businesses within the jurisdiction, including: the total number of businesses regulated, the number of regulated underground tanks in the jurisdiction and the number of regulated businesses authorized under the permit-by-rule, conditionally authorized and conditionally exempt tiers of Tiered Permitting. Table 1 is to be used to provide this information unless otherwise agreed upon between the applicant agency and the Secretary. (5) The structure of the proposed Unified Program. (A) The structure may be presented as an organizational chart of the Unified Program. (6) A Unified Program Implementation Plan. (A) The implementation plan shall provide a description or implementation timeline which includes all phases from startup through full operation. (B) The implementation plan will include specific information required for the Secretary's evaluation pursuant to Sections 15170, 15190, 15200, 15210, 15220 and 15230, 15240, 15250 as well as how the Unified Program will coordinate, consolidate, and make consistent the required program elements. (C) The implementation plan shall identify the agreements which exist or are proposed between the applicant agency and all proposed participating agencies. Such agreements shall be included in the Agreements Section of the application for certification [refer to subsection (d) of this Section]. (7) Adequate information to determine that responsible agencies meet expertise requirements specified in Sections 15260 and 15270. (i) Table 2 and Table 4 may be used to provide this information. (ii) If Table 2 and Table 4 are not used, the information required in the tables must be provided in some form. (8) Adequate information to determine that responsible agencies meet training requirements specified in Sections 15260 and 15270. (9) Certify that the administrative procedures of the proposed Unified Program will meet the requirements of Section 15180. Use Appendix B. (10) A Consolidated Permit plan which meets the requirements of Section 15190. (11) An Inspection and Enforcement Program plan which meets the requirements of Section 15200. (12) A Fee Accountability Program in compliance with Section 25404.5(c) of the Health and Safety Code and with Section 15210. (13) A Single Fee System Implementation Plan which meets the requirements of Sections 15210 and 15220. (14) A budget and funding mechanism for the Unified Program which meets the requirements of Section 15170(c), staff time allocations, and certification that adequate resources exist to carry out the Unified Program. Table 3 may be used to provide information on staff time allocations. Appendix B will be used to certify adequate resources exist. (15) A description of how the CUPA will fulfill reporting requirements and certification that it will meet requirements of Article 6 below. Use Tables 5 and 6 for information and Appendix B for certification. (16) A summary of program implementation history which shall include the following information. Table 2 may be used to provide this information. (A) A list of the Unified Program elements that have been managed by the applicant agency and participating agencies for the past three years. This list shall include voluntarily consolidated programs. (B) A summary of inspection and enforcement activities within the scope of the Unified Program, undertaken within the past three years, including the types and numbers of inspections conducted and enforcement actions handled. (17) A description of recordkeeping and costs accounting systems. (18) A description of responsible agency compliance with the criteria identified in the California Code of Regulations, Title 22, Section 66272.10 except subsections (b)(2) and (b)(3). (19) A description of any additional programs incorporated into the Unified Program. (20) An explanation of why the Secretary need not be concerned that certification of the applicant agency might lead to adverse impacts on the county. (21) A description of how certification of the proposed Unified Program will lead to less fragmentation between jurisdictions within the county. Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Sections 25404.1(b), 25404.2, 25404.3(b), (c) and (d), and 25404.5, Health and Safety Code. s 15160. How will the certification process proceed once the Secretary receives an application? Figure 3 (a) Completeness review. (1) Each application shall be reviewed to determine whether all required information has been provided. Such review shall be finished within ninety (90) days of receipt of the application. Within the 90 day period: (A) The Secretary shall send a notice of completeness to an applicant agency whose application has been determined to contain all necessary components with a request for 4 additional copies of the application; or (B) The Secretary shall return an incomplete application to the applicant agency. (i) The Secretary shall notify an applicant agency of an incomplete application by using a Notice of Deficiency (NOD). (ii) In the NOD, the Secretary shall specify those provisions of the application which are not sufficient and the date by which the additional information is due. (b) State agency review and recommendation. (1) Applications which are found to be complete shall be reviewed pursuant to Health and Safety Code, Section 25404.3(b). In determining whether an applicant agency should be certified, the Secretary shall receive comments from the following or their designee: w Director of Department of Toxic Substances Control w Director of the Office of Emergency Services w State Fire Marshal w Executive Officer and Chairperson of the State Water Resources Control Board w Executive Officers and Chairpersons of the California Regional Water Quality Control Boards (2) Comments and recommendations to the Secretary shall be based on analysis of the application contents and consideration of the requirements of this Division. (c) Public hearing. (1) The Secretary shall hold a public hearing regarding the application for certification. (2) The Secretary may group public hearings for efficiency purposes. (3) The Secretary shall consider comments received as part of the public hearing in the determination of whether an applicant should be certified. (d) The Notice of Intent (NOI). (1) The Secretary shall complete the review process and issue a Notice of Intent (NOI) within 180 days of receipt of four additional copies of the complete application for certification. (A) The Secretary shall issue a Notice of Intent to disapprove the application for certification if the Secretary finds the applicant agency should not be certified. The NOI to disapprove shall identify those areas of the Unified Program which are deficient. (B) The Secretary shall issue a Notice of Intent to approve if the Secretary intends to approve an application for certification. (2) During periodic review of the Unified Program, or review of an amended application, if the Secretary finds the Unified Program or the Unified Program implementation to be deficient, the Secretary shall issue a Notice of Intent to withdraw certification. The NOI shall identify those areas of the Unified Program which are deficient. (e) Final Decision. (1) The Secretary's final decision shall be issued in writing to the applicant agency within 30 days of issuing the NOI except as provided in section 15160(f). The certification shall include the date upon which the CUPA's authority shall commence. (2) For purposes of this division and Division 4.5 of Title 22 of the California Code of Regulations, "certification" of a CUPA shall constitute "designation" pursuant to Health and Safety Code, Section 25180, of the responsible agency implementing Chapter 6.5 of the Health and Safety Code, pursuant to Section 66272.10, California Code of Regulations. (f) Certification Decision Appeal Process. (1) Within 30 days of receipt of a NOI to disapprove certification, the applicant agency may respond to the reasons specified and correct the deficiencies in its application. (2) Within 30 days of receipt of a NOI to withdraw certification, the CUPA may respond to the reasons specified and correct the deficiencies in its Unified Program. (3) In addition to its rights pursuant to (1) above, the applicant agency may request a second public hearing, at which time the Secretary shall hear the applicant agency's response to the reasons specified in the NOI to disapprove. (4) The appeal process shall be completed within 60 days of receipt of the appeal. (5) The Secretary's final decision on the certification decision appeal shall be issued in writing. Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Sections 25404(d), 25404.3 and 25404.4(a), Health and Safety Code. s 15170. What criteria will the Secretary use to evaluate applications? (a) Adequacy of technical expertise as required by Sections 15260 and 15270. (b) Adequacy of staff resources which the applicant agency shall demonstrate by submitting the following information to be analyzed: (1) the number and type of regulated businesses within the jurisdiction; (2) an estimate of the annual number of compliance and complaint inspections; (3) the time allocation requirements of local agency staff shall be computed on a full time equivalent basis, not to exceed 1776 work hours per year per person, for the following: (A) inspections and the related travel, research, analysis of findings, and documentation; (B) inspection and enforcement activities including warnings, notices, meetings, hearings, legal proceedings, and documentation; (C) permit activities including application reviews, modifications and revisions, and facility evaluations; (D) training including field, meetings, seminars, workshops, courses and literature reviews; and (E) management including day to day operation scheduling and supervision. (4) an estimate of required staff and supervisory personnel to manage the single fee system, surcharge system and fee accountability system. (5) the number of support staff, both technical and non-technical, for all program elements. (6) description of contacts, working relationship with local prosecution and law enforcement agencies (i.e., District Attorneys, strike force memberships, etc.) (c) Adequacy of budget resources and funding mechanisms. The applicant agency shall include as part of the application, a summary of projected annual funding and expenses for the entire local Unified Program. Adequacy of budget resources and funding mechanisms shall be calculated as the ratio of funding to expenses, a value of one (1) being the standard for most adequate. (d) Adequacy of training requirements as required by Sections 15260 and 15270. (e) Past performance. The Secretary, shall evaluate the past performance of the applicant agency and its proposed participating agencies in implementing hazardous materials and hazardous waste management programs. (f) Recordkeeping and cost accounting systems proposed for the Unified Program, including: (1) Elements required by the Secretary pursuant to Health and Safety Code Section 25206; (2) A method for calculating program costs; (3) Permit fee structure; (4) Fee collection process; (5) Data management. (g) Compliance with the criteria in Section 66272.10 of Title 22 of the California Code of Regulations, except for the requirement of paragraph (2) of subdivision (b) of that section related to county-wide jurisdiction and paragraph (3) of subdivision (b) of that section related to temporary household hazardous waste collection facilities. (h) Additional programs, including but not limited to programs such has hazardous waste source reduction and pollution prevention programs, incorporated in the Unified Program. (i) Identified adverse impacts on the county. The Secretary will give particular consideration to written comments or comments received during the public hearing. (j) Less fragmentation within the county. The Secretary shall not certify an agency unless there is a finding that the administration of the Unified Program throughout the entire county in which the applicant agency is located will be less fragmented between jurisdictions, as compared to before January 1, 1994, with regard to the administration of the provisions specified in Health and Safety Code 25404(c). The Secretary shall consider, but shall not be limited to, the following measures of fragmentation. The applicant agency shall justify its certification with respect to these measures in the implementation plan required pursuant to Section 15150(e)(6). (1) The number of agencies managing the six Unified Program elements listed in Health and Safety Code, Section 25404(c) within the county prior to January 1, 1994 and the number of agencies managing those program elements as proposed by the applicant agency. (2) The number of agencies a regulated business had to work with for the Unified Program elements prior to January 1, 1994 and the number of agencies a regulated business will have to work with as proposed by the applicant agency. (k) County-wide coordination and consistency. The Secretary shall not certify an agency unless there is a finding of county-wide coordination and consistency. In the finding, the Secretary shall consider, but not be limited to the following: (1) Agreements among the county, city, and local agency applicants indicating consistency with a county-wide Unified Program. (2) A list of cities within the county that have been informed and do not intend to apply to be a CUPA. (l) Evidence that an applicant agency which proposes in its Unified Program implementation plan to allow other agencies to implement program elements has met the requirements of Health and Safety Code Section 25404.3(d). The Secretary shall not certify an applicant agency which proposes to include participating agencies in the Unified Program, unless there is a finding that: (1) The applicant agency has adequate authority and had adequately designed the Unified Program to ensure coordination and consistency between program elements; (2) The proposed participating agencies have met the education, training and experience requirements identified in Section 15260 and 15270, and have adequate resources to implement the program element(s) which the applicant agency has proposed it will take on; and (3) All necessary agreements are in place, pursuant to Health and Safety Code, Section 25404.3(d)(3) and (d)(4). (m) The requirements of Sections 15160(b) and 15160(c). (n) The Secretary shall also consider the following: (1) The implementation plan for the consolidation of permits, consolidation of inspections and enforcement, and consolidation of fees. (2) Documentation of authority to implement program elements, such as the required ordinances and resolutions passed by a local government to implement the underground tank program and the business plan program. (3) If the program will be fully operational no later than one year after certification. (4) If certification will result in overlapping agency authority within the jurisdiction, the Secretary shall consider the discussion required pursuant to Section 15150(c)(1). Note: Authority cited: Sections 25404(b), 25404.2(c), 25404.3(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(a) and (c), and 25404.3(b), (c) and (d), Health and Safety Code. s 15180. What are the minimum administrative procedures the applicant agency must establish and the CUPA must undertake to ensure a coordinated and consistent Unified Program? (a) The applicant agency shall establish and the CUPA shall implement, administrative procedures to carry out the requirements of consolidating, coordinating, and making consistent the Unified Program. These procedures shall include, at a minimum, the following: (1) Public participation. (A) Public participation shall include, at a minimum, procedures to coordinate, consolidate, and make consistent locally required public hearings related to any Unified Program element. (B) Public participation shall, to the extent feasible, include consolidated public notices for activities related to the elements of the Unified Program. (2) Information management. (A) The Unified Program shall include procedures for records maintenance. These will include at a minimum: (i) identification of the records maintained (ii) minimum retention times (iii) archive procedures (iv) proper disposal methods (B) Responsible agencies shall institute procedures to respond to requests from the public, from government agencies with a legal right to access the information, or from emergency responders. (C) Personnel records (i) The responsible agency shall maintain training records. (ii) The responsible agency shall make training records available to the CUPA upon request. (iii) The CUPA shall provide training records or access to training records to the Secretary upon 30 days request. (D) Hazardous Material Release Response Plans and Inventory information shall be sent by the responsible agency to other local agencies with shared responsibilities for protection of public health and safety and the environment within 15 days of receipt and confirmation in accordance with Health and Safety Code Section 25509.2(a)(2) and (3). (E) Within three months of the Secretary's approval of the electronic data transmission protocol developed pursuant to Public Resources Code, Division 34, Chapter 3, Section 71060 et seq., Data Management, a CUPA shall accept data from businesses in the approved electronic data transmission protocol, if the CUPA agrees to accept information electronically. (F) The CUPA may permit a regulated business to meet its information reporting requirements electronically. In such case, the format and mode of the submission shall be specified by the CUPA and shall be consistent with the data standards adopted in Articles 5 through 10 inclusive. (3) Financial management. (A) The Unified Program shall include a Financial Management System. The Financial Management System shall: (i) implement the single fee system; (ii) include a mechanism for fee accountability in compliance with Section 15210(b). (4) Dispute resolution. The CUPA shall implement a dispute resolution process, designed to resolve problems arising between the participating agencies and the CUPA. (5) Formal appeal process. The Unified Program shall include procedures which allow for appeal of a dispute resolution pursuant to paragraph (4) of this subsection. (6) Comments from facilities and public. The CUPA shall ensure that the Unified Program includes a mechanism to receive and consider comments related to Unified Program performance from regulated businesses and the public on a regular basis. (7) Unified Program meetings. (A) The CUPA shall conduct meetings, to coordinate and to maintain consistency within the Unified Program, at least four times annually or as specified in the implementation plan pursuant to Section 15150(e)(6). (B) Representatives of the CUPA and all PAs within the CUPA's jurisdiction will attend. (8) Participating agency management. (A) The governing body of the CUPA shall enter into written agreements with the governing bodies of all participating agencies to implement specific element(s) of the Unified Program. (B) The CUPA shall establish procedures for withdrawal or revocation of participating agencies. (C) The CUPA shall include an evaluation of participating agency performance in the annual self audit, pursuant to Section 15280(a). (D) A participating agency which ceases to meet minimum qualifications or fails to implement its program element(s) as described in the Unified Program application approved by the Secretary, at any time during the term of its agreement with the CUPA, shall enter into a program improvement agreement with the CUPA. The program improvement agreement shall specify the areas of improvement, minimum accomplishments necessary, and time frames which shall be met. (E) The CUPA may apply to the Secretary, in accordance with Section 15300, for approval to replace a participating agency which fails to perform according to the program improvement agreement. (9) Self Auditing. The CUPA shall conduct an annual self audit which meets the requirements of Section 15280(a). (10) Reporting. The CUPA shall comply with reporting and self-auditing requirements identified in Sections 15250, 15280, and 15290. (b) The Secretary for Environmental Protection, shall, within five years of the effective date of the regulations in this Article, determine whether the regulations should be retained, revised, or repealed. Note: Authority cited: Sections 25404(b) and (e) and 25404.6, Health and Safety Code. Reference: Sections 25103, 25404.2(a) and (c), 25404.3(d), 25404.4(a)(1), 25404.5, 25500, 25506, 25509.2(a)(3) and 25534.5, Health and Safety Code; and Section 6253 et seq., Government Code. s 15185. What information must CUPAs collect, retain, and manage? (a) CUPAs shall collect, retain, and manage information needed to implement the Unified Program. At a minimum, the CUPAs shall collect and retain all information defined in the Unified Program Data Dictionary. [Refer to Division 3, Subdivision 1, Chapters 1-5] (b) The data dictionary defines data elements, data field size and type, and edit criteria for regulatory data that shall be collected and retained by a CUPA. [Refer to definition in Section 15110] It consists of the following sections: (1) The Business Section for information reported by businesses to CUPAs using the Unified Program Consolidated Form [refer to Section 15400]. The Business Section of the Data Dictionary is organized into the following parts: (A) Facility Information (i) Business Activities (ii) Business Owner/Operator Identification (B) Hazardous Materials (i) Hazardous Materials Inventory-Chemical Description (C) Tanks (i) Underground Storage Tank (UST) Facility (ii) UST Tank (iii) UST Installation-Certificate of Compliance (D) Hazardous Waste (i) Recyclable Materials Report (ii) Onsite Hazardous Waste Treatment Notification-Facility (iii) Onsite Hazardous Waste Treatment Notification-Unit (iv) Certification Of Financial Assurance for Permit by Rule and Conditionally Authorized Operations (v) Remote Waste Consolidation Site Annual Notification (vi) Hazardous Waste Tank Closure Certification (2) The CUPA Section for information that shall be collected and retained by a CUPA and reported to the State pursuant to Section 15290. [Division 3, Subdivision 1, Chapter 5, Unified Agency Reporting] The CUPA Section of the Data Dictionary is organized into the following sections: (A) Compliance Activity Information (B) Inspection Information (C) Enforcement Information (D) Tiered Permitting Release Information (E) Household Hazardous Waste Information (reserved) (c) CUPAs shall collect, retain, and manage any additional information required by state or federal law. (d) CUPAs may satisfy these information collection, retention, and management requirements through agreements with Participating Agencies that serve as the repository of the information. (e) Electronic reporting is optional and the CUPA is not required to store or maintain the data in the Unified Program Data Dictionary format (Division 3, Subdivision 1, Chapters 1-5). The Data Dictionary data structures and formats must be used for electronic reporting by businesses to a CUPA pursuant to Section 15187 or by a CUPA to the State pursuant to Sections 15187 and 15290(f) and (g). Note: Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25281.2, 25218.9, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code. s 15186. What are the definitions of the data terminology used in the Unified Program information standards? (a) For the purposes of this Division, the following terms related to Unified Program information standards have the following meaning: Data elements are the information components required by applicable statutes or regulations. Data transmission protocol means a standard for sharing electronic data. Electronic reporting or sharing of data means transferring data or information using an electronic or magnetic media. File format means how data is packaged in any of these modes. Format means the order, arrangement, style, and organization of the data elements comprising the UPCF. Media means the type of device used to share data from the source to a recipient. Examples include telecommunications transmissions, such as e-mail or direct computer to computer links and magnetic media such as disks, diskettes, and tapes. Mode means the method by which data is shared. Common modes include e-mail, diskette, tape, and CD ROM. Mode encompasses the file format and data transmission protocol. Note: Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Section 25503.3(b), Health and Safety Code. s 15187. How do regulated businesses and CUPAs use the data dictionary and provide information electronically? (a) If a CUPA accepts any information electronically, the CUPA shall accept all submissions that contain the data elements with the required field length and type and in the order specified in the data dictionary. A CUPA may, on a case-by-case basis, agree to accept information that does not meet the data dictionary standard. (b) A regulated business may report information collected on the UPCF or on an alternative version developed by the CUPA [refer to Sections 15400 and 15400.3] to a CUPA electronically, if the CUPA agrees to accept it electronically. In addition: (1) Upon agreement by the CUPA, the business may submit data in either the ASCII flat file format, ANSI X12, or an alternative file format. (2) The business shall submit data in the mode specified by the CUPA. (c) The CUPA may establish local standards for the collection of locally required supplemental information in addition to standards specified in the Unified Program Data Dictionary. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25503.3(a) and (b), Health and Safety Code; and Section 71060 et seq, Public Resources Code. s 15187.1. What are the requirements for use of electronic signatures with electronic submittals of Unified Program information? (a) If a business submits regulatory information specified in the data dictionary electronically, a digital signature may be used in lieu of a manual signature to identify the party submitting the data, subject to agreement with the party to receive the data and provided the method used is not precluded by state or federal law. (b) For the purposes of the UPCF and data dictionary, both the UPCF and data submitted per the requirements of the Data Dictionary constitute a writing. (c) For the purposes of the UPCF and data dictionary, signed or signature means any symbol, including a digital signature, executed or adopted by a party with present intention to authenticate a writing. (d) An electronic signature may not be denied legal effect, validity, or enforceability solely on the ground that it is electronic. (e) An electronic signature, message, or record, is attributable to a person if: (1) It was the action of that person, that person authorized the action, or that person's agent took the action; or (2) The party in receipt of the electronic signature, message, or record, concluded in good faith that it met any of the criteria in (e)(1) above. Note: Authority cited: Section 25404(e), Health & Safety Code, Sections 71061 and 71066, Public Resources Code; and Section 16.5(c), Government Code. References: Sections 71060 et seq., Public Resources Code, Section 16.5, Government Code, ABA, Section of Science and Technology, Digital Signature Guidelines, Legal Infrastructure for Certification Authorities and Secure Electronic Commerce, August 1, 1996, Sections 2B-113, 2B-115, 2B-118 of the Proposed Uniform Commercial Code, Section 250 of the California Evidence Code, and Section 1001(a) of the Federal Rules of Evidence. s 15188. How long must a CUPA retain information? (a) A CUPA shall retain information as follows: (1) A CUPA shall retain copies of inspection reports, enforcement files, and onsite Tiered Permitting notifications for at least five (5) years. A CUPA shall retain all records related to hazardous waste enforcement actions for at least three (3) years after the enforcement action is resolved. (2) For CUPA-to-State reports, a CUPA shall retain the information used to produce the summary reports to the state listed in section 15290. (A) CUPAs that do not use an electronic data management system shall retain the detailed records used to produce the summary reports for a minimum of five (5) years after the report is submitted. (B) CUPAs that use an electronic data management system, may satisfy the records retention requirement by maintaining an electronic copy of the data used to produce the summary reports, Reports 2 to 6. These electronic records of the CUPA information shall be retained for a minimum of five (5) years. (C) CUPAs may establish electronic data management systems that retain all previous historical information whenever information is updated so that a complete historical record as of a specific date can be generated to recreate the detailed information for each summary report required by Section 15290. (b) CUPAs shall collect and retain any additional information required by state or federal law. Note: Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(a)(4) and 25404.6(b). s 15190. How must permitting occur within the Unified Program? (a) The Unified Program shall include a Consolidated Permit Program which shall be implemented according to a Consolidated Permit Program Plan. (b) The Consolidated Permit Program requires: (1) Consolidation of permits. The CUPA shall consolidate the permits issued under the Unified Program utilizing the Unified Program Facility Permit; (2) A single point of local contact for permit applicants. The program shall provide for a coordinated and consolidated permit process which provides regulated businesses a single point of local contact for obtaining information on, the requirements for, and the application process for the Unified Program consolidated permit. (A) A single point of contact for referrals to appropriate participating agencies, if applicable; (3) A consolidated permit application package. (A) The responsible agency shall provide a consolidated permit application package for the specific requirements of regulated businesses. (B) The permit application may be presented as a single form, designed to transmit multi-program information, or it may be multiple forms arranged into a single package. (C) Duplicate information between different forms is allowed only if it is necessary to provide for form tracking. (D) To avoid duplication, the CUPA shall utilize the applicable sections of the Unified Program Consolidated Form [refer to 15400] and, if necessary, additional information [refer to 15400.4] to collect the required information for a permit application. (4) A system to define permits. The Consolidated Permit Program shall include a system to define which program elements require permits for activities of each regulated business. (5) Use of the Consolidated Contingency Plan format pursuant to Health and Safety Code Section 25503.4 and Government Code Section 8670.36.5 et seq. (A) The Consolidated Contingency Plan format developed by the CUPA shall be substantially equivalent to the format developed by the Governor's Office of Emergency Services pursuant to Health and Safety Code, Section 25503.4, when that format has been adopted. (B) The CUPA shall accept plans submitted by businesses in the Consolidated Contingency Plan format adopted by the Governor's Office of Emergency Services pursuant to Health and Safety Code, Section 25503.4. (6) Timely review and decision practices on consolidated permits. (A) The CUPA, in cooperation with the participating agencies, shall ensure timely decisions regarding consolidated permits. (B) The system for consistent and timely permitting practices shall provide: (i) a preliminary check for application completeness; (ii) a technical review of permit applications by the responsible agency; (iii) a procedure for tracking permit applications, establishing follow-up protocol, and facilitating expeditious processing, when necessary. (7) Issuance of Permits. The applicant agency shall identify efficient methods of transmitting the permit, and include them in the Consolidated Permit Program plan. (8) A mechanism for evaluating the permit process. (A) The applicant agency shall propose a mechanism to evaluate the coordination, consolidation and consistency of the permit process. (B) The evaluation process may include consumer response tools such as questionnaires or surveys. (C) Information obtained through the permit evaluation process shall be considered and used in modifying the Consolidated Permit Program when appropriate. (c) The applicant agency, in conjunction with its proposed participating agencies, shall develop and the CUPA, in conjunction with the participating agencies, shall implement a Consolidated Permit Program Plan. The Consolidated Permit Program plan shall include the following elements: (1) A list of all types of permits and authorizations that will be consolidated within the Unified Program. (2) A flow chart describing the Unified Program's permitting procedures, including time lines and time limits of appeal processes. (3) A description or sample of the cover sheet of the Consolidated Permit. The cover sheet of the Consolidated Permit at a minimum, shall: (A) List the program element permits which make up the Consolidated Permit and the agency(ies) responsible for issuing those permits. (B) Identify the permit status of each program element (temporary, provisional, or permitted). (C) Identify the permitted facility by business name and address. (D) Specify the permit issuance date. (E) Specify the effective term of the permit. (4) Addenda which will be used to document permit conditions for each applicable element of the Unified Program. (5) The consolidated permit cycle established for the CUPA. (6) A description of the procedure and process that the CUPA shall use to address any coordination, consolidation, or consistency issues not specifically addressed above. Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(a)(1) and (2), 25299.6 and 25503.4, Health and Safety Code; Section 8670.36.5, Government Code. s 15200. How must inspection and enforcement occur within the Unified Program? (a) The Unified Program shall include a single Unified Inspection and Enforcement Program which shall be implemented according to the Inspection and Enforcement Program Plan identified in subsection (f) of this Section. (b) The following types of inspections shall be conducted within the Unified Program and shall be conducted according to the standards contained in statute and regulation: (1) Hazardous waste generator inspections [refer to Sections 25150, 25159, Health and Safety Code; Chapter 12, Division 4.5, Title 22 of the California Code of Regulations]. (2) Inspection of onsite hazardous waste treatment activities under the conditionally exempt, conditionally authorized, and permit by rule tiers of Tiered Permitting [refer to Sections 25200.3, 25201.5, Health and Safety Code; Chapter 45, Division 4.5, Title 22 of the California Code of Regulations]. (3) Underground Storage Tank Program inspections [refer to Section 25288, Health and Safety Code; Section 2712 et seq., Chapter 16, Division 3, Title 23 of the California Code of Regulations]. (4) Business Plan Program inspections [refer to Section 25500 et seq., Health and Safety Code]. (5) Risk Management and Prevention Program inspections [refer to Section 25533 et seq., Health and Safety Code]. (6) Other inspections that may be consolidated pursuant to Health and Safety Code Section 25404.2(a)(1). Figure 4 - MANDATED INSPECTION FREQUENCIES ------------------------------------------------------ Program Element Inspection Statutory Frequency Reference ------------------------------------------------------ Hazardous Waste no mandated Generator Program frequency ------------------------------------------------------ Hazardous Waste at least once Health & Safety Treatment Activities - every 3 years Code Section PBR, CA and CE 25201.4(b) modified by SB 1191, 1995 ------------------------------------------------------ Underground Storage at least once Health & Safety Tank Program every 3 years Code Section 25288(a) ------------------------------------------------------ Business Plan Program at least once Health & Safety every 3 years Code Section 25508(b) ------------------------------------------------------ Risk Management and at least once Health & Safety Prevention Plans and every 3 years Code Section Inventory Program 25537 ------------------------------------------------------ (c) The CUPA shall encourage an integrated/multi-media enforcement approach to the unified inspection and enforcement program in order to promote the effective detection, abatement and deterrence of violations affecting more than one environmental medium or regulatory scheme. (d) In addition to the mandatory elements of Health and Safety Code Division 20, Chapter 6.5, the CUPA may integrate optional waste reduction and pollution prevention programs into the unified Inspection and Enforcement Program. (e) These regulations shall not limit the authority of any state agency to investigate alleged violations of state law. These regulations shall not limit appropriate state agencies from taking any other actions which are mandated, allowed or authorized pursuant to state law. (1) The Department of Toxic Substances Control will notify the appropriate CUPA of any investigation it will conduct of hazardous waste generators, hazardous waste generators conducting treatment conditionally authorized pursuant to Section 25200.3, hazardous waste generators conducting treatment conditionally exempted pursuant to Section 25201.5, and facilities deemed to hold a permit-by-rule pursuant to the regulations adopted by the Department. The CUPA shall not disseminate information related to an ongoing investigation. (f) The applicant agency shall develop and the Certified Unified Program Agency shall implement an Inspection and Enforcement Program Plan. The Inspection and Enforcement Program Plan shall be prepared in cooperation with all proposed participating agencies of the jurisdiction and shall contain provisions for administering all program elements. (1) The plan shall include an inspection component. The inspection component shall include the following: (A) The number of regulated businesses within each program element and the mandated frequency of inspections for those regulated businesses. (B) A schedule of the frequency of inspections to be conducted, which shall meet the minimum inspection frequency(s) mandated in statutes. (C) If there is no mandated inspection frequency, inspection frequency scheduling shall consider the following: local zoning requirements, population density, local ground water conditions, identified hazards of a type of business, quantity and types of hazardous materials, emergency response capability, compliance history and any other pertinent local issues. (D) Provisions to promote integrated multi-media inspections. (E) A mechanism to ensure that Unified Program inspector training meets or exceeds requirements currently set forth in statute or regulations. (F) Methods to cross-train staff. (G) To the maximum extent feasible, coordinate inspection and enforcement efforts between the CUPA and its participating agencies. (2) The plan shall include an enforcement component. The Enforcement Component shall include the following: (A) A description of responsible agency enforcement notification procedures which ensure the following: (i) appropriate confidentiality. (ii) coordination and timely notification between responsible agencies and the appropriate prosecuting agency. (B) Uniform and coordinated application of enforcement standards. (C) Penalties and enforcement actions which are consistent and predictable for similar violations and no less stringent than state statute and regulations. (D) A graduated series of enforcement actions which may be taken by the responsible agencies, based on the severity of the violation. (E) Provisions for county and/or regional meetings of the CUPA with its participating agencies and between the CUPAs in a county-wide or regional area involving multiple CUPAs at least every quarter. The purpose of the meeting will be to discuss integrated multi-media enforcement programs, which include joint and combined inspection and enforcement; (F) A description of the efforts made to eliminate duplication, inconsistencies and lack of coordination within inspection and enforcement programs. (G) Provisions to encourage joint, combined and integrated/multi-media inspections whenever possible. (3) The Inspection and Enforcement Program plan shall at a minimum be annually reviewed by the CUPA. (A) The CUPA shall consult with and reach consensus with the participating agency prior to any changes which affect program elements for which the participating agency is responsible. (B) The CUPA shall prepare a summary of the annual plan review, pursuant to Section 15280(a)(2). The summary shall discuss effectiveness and efficiency of the Inspection and Enforcement Program activities for the prior year. (4) The CUPA shall update the plan as necessary. Note: Authority cited: Sections 25404, 25404.2 and 25404.6(c), Health and Safety Code; Section 6254(f), Government Code. Reference: Sections 25404(c) and (d), 25404.2, 25404.2(a) and (c), 25404.4(b)(3), 25150, 25159, 25179.4, 25200.3, 25201.5, 25288, 25500 and 25533, Health and Safety Code; Section 6254(f), Government Code. s 15210. What is a Single Fee System and how must it operate? (a) Each applicant agency shall develop and each CUPA shall implement a Single Fee System which shall replace, within its jurisdiction, all fees currently mandated in Health and Safety Code, Sections 25205.14 (Tiered Permitting), 25287 (Underground Storage Tanks), 25513 (Business Plans), 25535.2 (Risk Management Prevention Plans) and any other fees levied by a local agency specifically to fund the implementation of the programs specified in Health and Safety Code Section 25404(c). (1) The Single Fee System may be used to charge fees for programs which are not listed as Unified Program elements in Health and Safety Code, Section 25404(c), if those programs are incorporated into the Unified Program. (2) The Single Fee System may reflect variations in cost to implement and maintain programs for different regulated businesses. (A) Fee schedules shall be based on factors associated with the cost of implementing and maintaining programs (B) Fees may differ from one jurisdiction to the next, based on the necessary and reasonable costs to implement the Unified Program. (C) The fee schedule may be adjusted by the CUPA to reflect changes in reasonable and necessary costs. (3) Provided the single fee system meets the minimum requirements of the law, a CUPA or a participating agency has the authority to determine the level of service it will provide and to set its fees to fund the necessary and reasonable costs of its program. (4) Each participating agency shall notify the CUPA of its program costs. The CUPA shall ensure that all funds collected on behalf of the participating agency are forwarded to the participating agency. (A) The CUPA shall pay the participating agency within 45 days of receiving fees designated for the participating agency unless the participating agency and CUPA agree in writing to an alternate schedule. (5) Each billing statement shall itemize the fees by program element, if those fee elements are calculated separately. (6) Fees for non-recurring activities of the CUPA or participating agency such as, but not limited to, the fee for an initial permit or special inspection, may be billed separately from the single fee billing. (7) The governing body of the CUPA shall establish the fee schedule for businesses regulated under the Unified Program. The governing body of the CUPA shall utilize the fee schedules established by the participating agencies and authorize the collection of those fees. (8) The CUPA or participating agency shall make fees schedules available to interested parties upon request. (9) The applicant agency shall develop, and if certified, implement a mechanism to resolve fee disputes which arise between the CUPA and participating agencies, between a regulated business and either the responsible agency or the CUPA, or between a regulated business and the state regarding the state surcharge [refer to Section 15250(d)]. (b) Each CUPA shall implement a fee accountability program designed to encourage more efficient and cost-effective operation of the program for which the single fee and surcharge are assessed. (1) The fee accountability program shall be instituted before the single fee system. The fee accountability program shall include at a minimum the following elements: (A) A procedure of accounting for: the fee schedule, the actual amount billed, and the revenue collected. (B) Discrete billable services, categorized as either site specific or general. (C) Staff work hours required to implement the program. (D) Direct program expenses including durable and disposable equipment. (E) Indirect program expenses including overhead for facilities and administrative functions. (F) The number of regulated businesses in each program element within the jurisdiction. (G) Total number of regulated businesses in the jurisdiction. (H) Quantity and range of services provided, including frequency of inspection. (2) The CUPA and participating agencies shall annually review and update the fee accountability program. (c) The Single Fee System shall include mechanisms for the billing, collection and transmittal of the state surcharge. (1) The CUPA may show the state surcharge as a separate item or items within the single fee billing. (2) The CUPA shall transmit to the Secretary all surcharge revenues collected in accordance with Health and Safety Code Section 25404.5(b). Table 7 shall be used as a cover for all transmittals, unless otherwise agreed upon between the applicant agency and the Secretary. (d) The CUPA shall provide the Secretary with information necessary for determination of the annual surcharge. (1) The applicant agency shall include in the application for certification the number of regulated businesses and the number of underground tanks in its jurisdiction [refer to Section 15150(e)(4)]. (2) The CUPA shall update the data required in this subsection annually and shall report such data to the Secretary by September 30 of each year using Table 8, unless otherwise agreed upon between the applicant agency and the Secretary [refer to Sections 15250(c) and 15280(b)]. (3) If the Secretary does not receive current information on the regulated business from each CUPA, the Secretary may use whatever information is available to estimate the data on regulated business. Note: Authority cited: Sections 25404, 25404(b), 25404.5, 25404.5(b) and (c) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.1(a)(1), 25404.4 and 25404.5, Health and Safety Code. s 15220. How should the Unified Program transition from a multiple fee system to a single fee system? (a) The applicant agency shall develop a single fee system implementation plan which provides for a transition from multiple billing statements and collection agencies within the Unified Program, to a single billing statement and collection agency within the Unified Program. (1) The applicant agency shall provide for public participation and review of the proposed single fee system implementation plan. (2) The implementation plan shall provide for a transition period no longer than 5 years. (3) The implementation plan shall provide for regulated businesses to receive a single billing statement annually which includes all recurring Unified Program activity fees. (4) The implementation plan shall provide for regulated businesses to remit Unified Program fees with a single payment. (5) The single fee system implementation plan shall include provisions for instances of non-payment. (b) A CUPA which has partially implemented the single fee system but requires an extension of the transition period may petition the Secretary for an exception of the five year limit. (1) The CUPA shall submit such petition at least one year prior to expiration of the five year limit. (2) The Secretary shall rule on such petitions within 180 days of receipt of the request for extension. Note: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and Safety Code. Reference: Section 25404.5(a) and (c), Health and Safety Code. s 15230. What are a participating agency's responsibilities within the Single Fee System? (a) Establish fees which reflect the necessary and reasonable costs of implementing the associated program element or elements. (b) Notify the CUPA of that fee amount within the time frame as identified in the Unified Program single fee system implementation plan. Note: Authority cited: Sections 25404(b), 25404(a)(2) and (a)(3), Health and Safety Code. Reference: Section 25404.5(a)(2) and (3), Health and Safety Code. s 15240. What is the State's responsibility with regard to the Surcharge? (a) The Secretary shall determine the annual surcharge based on the assumptions, calculations, and supporting data that justify the reasonable and necessary costs of CUPA oversight and program element management by state agencies with responsibilities under the Unified Program. (1) The Secretary shall determine the amount of the surcharge based upon information received from each state agency responsible for activities under Health and Safety Code, Division 20, Chapter 6.11. (2) Each state agency responsible for activities under Health and Safety Code, Division 20, Chapter 6.11 shall submit to the Secretary, on a date specified by the Secretary, its projected reasonable and necessary costs, including the detailed supporting information to carry out responsibilities under Health and Safety Code Division 20, Chapter 6.11. (3) Reasonable and necessary costs shall include but are not limited to, the costs of bad debts, and uncollected fees. (b) The Secretary shall review annually, and revise if necessary, the state surcharge to be assessed on regulated persons or businesses. The state surcharge shall not be revised more than once per year. (c) The Secretary shall determine the amount of state surcharge to be assessed on each person regulated by the unified program in order to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities under Health and Safety Code, Division 20, Chapter 6.11, pursuant to Health and Safety Code Section 25404.5(b)(1): (1) A component for oversight of each CUPA assessed on all regulated businesses. (2) A component assessed on regulated businesses for each underground storage tank, which meet the criteria of Health and Safety Code Sections 25281(x) and 25287. (3) A component assessed on businesses regulated under the Health and Safety Code Section 25531 et seq., the California Accidental Release Prevention (CalARP) program. (A) This CalARP surcharge component is assessed on a single company or business within a CUPA's jurisdiction, regardless of the business's number of stationary sources. (B) A business is not required to pay the CalARP surcharge if a CUPA makes a determination that there is not a significant likelihood of a regulated substances accident risk and does not require the preparation and submission of a risk management plan at any stationary source operated by that business in the CUPA's jurisdiction, pursuant to Health and Safety Code, Section 25534. (C) This CalARP program surcharge component waiver is effective starting in the following fiscal year after the determination is made by the CUPA. If subsequent changes lead to a redetermination and a requirement by the CUPA to prepare and submit any risk management plan at any of the business's stationary source(s), then this surcharge component will be assessed beginning in the following fiscal year. (d) The Secretary shall resolve those state surcharge disputes which cannot be resolved locally pursuant to Section 15250(d). (e) The Secretary shall publish the amendments to the state surcharge in the California Regulatory Notice Register and accept comments on the proposed surcharge for 30 days. (f) Following the 30 day comment period required in subsection (e) for this section, the Secretary will publish the final surcharge in the California Regulatory Notice Register. (g) Sixty days following the publishing of the final surcharge in the California Regulatory Notice Register, the CUPAs shall be responsible for collecting the new surcharge as part of their Single Fee System. Note: Authority cited: Sections 25404(b) and (d), 25404.6(c) and 25531.2, Health and Safety Code. Reference: Sections 25404.5(b) and (d) and 25534, Health and Safety Code. s 15241. Establishing the Single Fee for Designated State Agencies. (a) The Secretary shall determine the Unified Program single fee for any state agency designated to act as the CUPA pursuant to sections 25404.3 and 25404.5, subdivision (a)(2)(B) of the Health and Safety Code, based on data that sets forth the necessary and reasonable costs of CUPA implementation by that state agency, according to the methodology described in subdivision (c). (b) Each state agency designated to administer the Unified Program shall provide the Secretary with the information necessary to determine the amount of the single fee. Each designated agency shall annually submit to the Secretary, on a date specified by the Secretary, the amount of necessary and reasonable costs to carry out its responsibilities as the designated agency, including the supporting information requested by the Secretary. Necessary and reasonable costs shall include, but not be limited to, the costs of bad debts and uncollected fees. (c) The Secretary or the designated agency shall assess an annual fee on regulated businesses that is sufficient to recover the designated agency's net costs. The annual fee shall consist of a program element fee, levied on each program element to which a regulated business is subject within the CUPA's jurisdiction during the reporting period or any portion thereof, and a flat fee, levied equally on each regulated business within the CUPA's jurisdiction during the reporting period or any portion thereof. The initial reporting period is July 1, 2005, through June 30, 2006. (1) The program element fee shall be calculated for each business by multiplying a base rate by an hourly fee for each program element to which a business is subject. If a business is subject to multiple program elements, all program element fees to which it is subject shall be added to determine its total program element fee. (A) Program element fee categories include aboveground storage tank, underground storage tank, California Accidental Release Prevention Program, business plan, hazardous waste generator, hazardous waste recycler, and tiered permit. In determining the base rate, the Secretary may divide tanks and generators into categories of large, medium, and small, and divide tiered permits into categories of permit by rule, conditional authorization and conditional exemption. Businesses with multiple tiered permit operations at the same site will be subject to the tiered permit program element fee for only one such operation per site, which shall be for the operation that is subject to the highest fee. (B) Businesses that have filed documents required for permanent tank closure with the designated agency or its predecessor, and have discontinued storage of hazardous substances within the tank, shall not be subject to the program element fee beginning with the reporting period after such documents have been filed, but shall be subject to cost recovery pursuant to subdivision (j). (2) The flat fee shall be calculated for each business by dividing the designated agency's net costs, minus all estimated program element fee receipts, by the total number of regulated businesses within the CUPA's jurisdiction. (d) In addition to the annual fee, the Secretary or the designated agency shall assess the annual state surcharge pursuant to section 25404.5, subdivision (b) (1) of the Health and Safety Code. (e) A transfer of ownership or operation of assets at a site shall not cause an additional fee to be assessed if the fee for the same reporting period has been paid by the previous owner or operator. Businesses with multiple program elements will be assigned the specified base rate for each element that is present at an individual site, except that businesses with more than one tank will be assigned the specified number of units based on the combined capacity of all active tanks per site, regardless of the number of such tanks. (f) The fee shall be due on the date or dates specified by the Secretary or the designated agency, which shall not be less than 30 days from the date of the bill. The fee may be assessed in a single billing or in more than one billing. A penalty of 10 percent shall be assessed on any payment that is not received as postmarked by the due date. Beginning on the first day of the calendar month following the due date, simple interest shall accrue monthly on any unpaid fee or portion thereof at the rate established by the State Board of Equalization pursuant to section 43155 of the Revenue and Taxation Code, and shall continue until the fee is paid. The penalty or interest may be waived if the Secretary or the designated agency determines that the failure to make a timely payment was due to reasonable cause and circumstances beyond the person's control, and occurred notwithstanding the exercise of ordinary care and the absence of willful neglect. Mere disagreement with the fee assessment shall not be deemed reasonable cause. A person seeking to be relieved of penalty or interest shall submit a written statement to the Secretary or the designated agency, signed under penalty of perjury, setting forth the facts upon which he or she bases the claim for relief. (g) If the Secretary or the designated agency provides a refund because of an erroneous billing, the refund shall be subject to simple interest at the rate provided in section 43455 of the Revenue and Taxation Code, unless the erroneous billing was due to incorrect information provided by the person who receives the refund. No refund shall be granted unless the person who seeks the refund submits written notification of the error to the Secretary or the designated agency within one year of the date the person is notified of the fee or cost assessment. (h) Failure to pay the required fee or cost reimbursement may result in a suspension by the Secretary or the designated agency of the regulated business's right to conduct the activity that is subject to the fee. The regulated business will receive at least 30 days notice of the suspension. Failure to pay the fee, or conducting the activity during the suspension, shall be deemed a violation of the regulatory law administered by the Secretary or the designated agency. Any suspension will be stayed during the appeal of the fee under subdivision (k). (i) The Secretary shall review annually, and revise if necessary according to the procedures set forth in this section, the fees assessed pursuant to this section. The Secretary shall not revise the fees more than once per fiscal year. The Secretary shall publish any proposed revisions to the fees in the California Regulatory Notice Register and accept comments on the proposed fees for 30 days thereafter. Following the 30-day comment period, the Secretary will consider comments and prepare a response that identifies the comments, the Secretary's findings, and the Secretary's final fee decisions. The Secretary will make responses available upon request and will publish the final fee in the California Regulatory Notice Register. (j) The Secretary or the designated agency may recover the cost of non-recurring activities directly from the person who receives the non-recurring activities, based on the total cost to the Secretary or designated agency of providing that non-recurring activity. (k) A person may dispute the assessment of the fee or cost recovery by submitting a petition to the director of the designated agency. The person must submit the petition, in writing, within one year of the date the person is notified of the fee or cost assessment. The petition must state the specific grounds upon which it is founded. If the matter cannot be resolved informally, the director shall designate a hearing officer to decide the petition. The hearing officer shall be in neither a subordinate nor a supervisory or managerial position to any staff involved in making the initial determination. A hearing shall be conducted in person, by telephone, or by video conference at which all relevant evidence will be admissible. The hearing officer shall make the final decision to approve or deny the petition. Note: Authority cited: Sections 25404 and 25404.6, Health and Safety Code. Reference: Sections 25404.3, 25404.5 and 25404.6, Health and Safety Code. s 15242. Definitions. The following definitions apply to section 15241: (a) "Base rate" is an estimate of the designated agency's workload standard (amount of time) to complete a program element task for each jurisdiction for which it acts as the CUPA. (b) "Business" or "regulated business" shall have the meaning of "regulated business" defined in section 15110 of this title. (c) "Generator" shall have the meaning of "generator" in section 66260.10 of title 22 of the California Code of Regulations. Notwithstanding this definition, a person shall not be subject to the program element fee or the flat fee solely for reason of any of the following: generation of waste that is not transported off site; removing soil for purposes of site mitigation; removing an unexpected or extraordinary spill of hazardous materials; or removing abandoned hazardous waste that was not produced in the course of conducting his or her business. Also, no program element fee or flat fee shall be assessed for any activity that is exempt from any fee pursuant to section 25174.7 or 25205.3 of the Health and Safety Code. (1) "Large generator" means a person who generates 500 or more tons of hazardous waste per calendar year. (2) "Medium generator" means a person who generates at least one ton but less than 500 tons of hazardous waste per calendar year. (3) "Small generator" means a person who generates hazardous waste in an amount less than one ton per calendar year. (d) "Hourly fee" is the designated agency's hourly labor charge. It will be calculated by dividing 80 percent of the designated agency's net annual costs by the total estimated annual workload hours to administer the program. (e) "Net costs" means projected costs to administer the Unified Program during the fiscal year, minus any money collected from grants, reimbursements, penalties, cost recoveries, and allocations from the Rural CUPA Reimbursement Account. Any surplus or deficit from the preceding fiscal year will be subtracted from or added to the designated agency's cost projections for the following fiscal year. (f) "Non-recurring activities" shall include, but not be limited to, oversight of facility closure or of remedial activities, including closure or remedial activities required by an order issued by the designated agency or another government agency. "Non-recurring activities" do not include any of the following: a regulatory compliance inspection, the issuance or approval of a permit or other form of authorization, the issuance of an order for corrective action or penalties, a plan review, or any activity that is essential to carry out one or more of the foregoing regulatory activities. (g) "Site" means real property that is owned or operated by the same person that is either contiguous or satisfies the meaning of "on site" in section 66260.10 of title 22 of the California Code of Regulations. (h) "Tank" means a storage tank or group of storage tanks. (1) "Large storage tank" means a storage tank or group of storage tanks with a total capacity per site of 34,000 gallons or more. (2) "Medium storage tank" means a storage tank or group of storage tanks with a total capacity per site of at least 19,000 gallons but less than 34,000 gallons. (3) "Small storage tank" means a storage tank or group of storage tanks with a total capacity per site of less than 19,000 gallons. (i) Except as otherwise stated in this section, words have the meanings provided by the following authorities, in order of precedence: (1) section 25404 of the Health and Safety Code; (2) section 15110 of this title, (3) article 2 (commencing with section 25110) of chapter 6.5 of division 20 of the Health and Safety Code; and (4) section 66260.10 of title 22 of the California Code of Regulations. Note: Authority cited: Sections 25404 and 25404.6, Health and Safety Code. Reference: Sections 25404.3, 25404.5 and 25404.6, Health and Safety Code. s 15250. What is the CUPA's responsibility with regard to the Surcharge? (a) Collection and record keeping. (1) The CUPA shall implement procedures to ensure collection of the surcharge. These procedures should address at a minimum, the suspension of permits for non-payment or late payment. (2) The surcharge may be shown as a separate item on billing statements sent out to regulated businesses. (3) The CUPA shall meet surcharge collection and reporting requirements for all program elements within its Unified Program. (4) Willful or negligent failure to collect the surcharge may be a basis for withdrawing the CUPA's certification. (5) The CUPA or other Responsible Agency shall retain surcharge billing and collection records for five (5) years following closure of any billing period or until completion of any audit in process, whichever is longer. (6) The CUPA shall provide access to surcharge billing, collection and transmittal records within 60 days following a request from the Secretary. (7) The CUPA shall begin assessing the surcharge within its first billing cycle or within twelve months after the effective date of certification. whichever is shorter. The full surcharge will be assessed and collected within twelve months of the effective date of certification and every twelve months thereafter. (8) The CUPA may waive the state surcharge for specific regulated businesses provided that the criteria for waiving the state surcharge meets the same standards as those established by the CUPA for waiving the single fee. The state surcharge may not be waived for any regulated business so long as the regulated business is assessed a fee under the single fee system. (b) Remittance to the Secretary. (1) The CUPA shall transmit all collected state surcharge revenues to the Secretary quarterly, within 30 days of the end of each state fiscal quarter. (A) With each surcharge transmittal the CUPA shall separately report the amount of surcharge revenues collected for: CUPA oversight, regulated underground storage tanks, and the CalARP Program. (B) Failure to transmit the surcharge after collection may be a basis for withdrawing the CUPA's certification. (C) Remit the collected state surcharge revenues with a completed copy of Report 1 to: SECRETARY FOR ENVIRONMENTAL PROTECTION C/O AIR RESOURCES BOARD ACCOUNTING/GRANTS BRANCH P.O. BOX 2815 SACRAMENTO, CALIFORNIA 95812-2815 (c) Reporting to the Secretary that information necessary to determine surcharge. (1) The applicant agency shall include in the application for certification: the number of regulated businesses and the number of underground tanks in its jurisdiction and the number of businesses regulated under the CalARP Program prior to certification. (2) Each CUPA shall provide to the Secretary by September 30, annually, the summary reports required in Section 15290. (3) The Secretary shall provide copies of the received summary reports required pursuant to Section 15290 to any state agency with program element responsibilities under the Unified Program upon request. (d) Surcharge dispute resolution or referral. (1) The CUPA shall prepare and implement a plan to resolve disputes with regulated businesses involving the state surcharge. The dispute resolution process may allow the CUPA to waive the state surcharge or a portion of the Surcharge for specific regulated businesses, provided that: (A) The criteria for waiving the state surcharge shall meet the same standards as those established by the CUPA for waiving the single fee. (B) The portions of the state surcharge for oversight may not be waived for any regulated business as long as the CUPA is receiving a single fee from that regulated business. (2) The Secretary may revoke the CUPA's authority to waive state surcharge fees if it is determined that the CUPA consistently does not make a reasonable, good faith effort to protect the State's interests or is not following the established criteria for waiving the state surcharge. (3) The CUPA shall attempt to resolve disputes involving the surcharge. Those disputes which cannot be resolved locally may be referred to the Secretary. (A) Disputes referred to the Secretary shall be in writing and shall include a recommendation for resolution. (e) The CUPA shall provide access to surcharge billing, collection and transmittal records upon the Secretary's request. (f) The responsible agency shall retain surcharge billing and collection records for five (5) years following closure of any billing period or until completion of any audit in process, whichever is longer. Note: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.5(a)(1), (2) and (4) and 25404.5(b), Health and Safety Code. s 15260. What technical expertise and ongoing training is required of a CUPA? (a) In the application for certification each applicant agency shall present evidence that adequate technical expertise is possessed by staff. (1) Agencies presently implementing one or more program elements of the Unified Program shall be considered to possess adequate expertise to implement those specific program elements as participating agencies or as the CUPA. This information will be obtained from the application pursuant to Section 15150. (2) Agencies which will assume new program elements as a CUPA or a participating agency are required to meet the standards in effect at the time of application for those program elements. (3) Agencies that will seek certification as a CUPA are also required to meet the following minimum qualifications: (A) CUPA technical program staff and supervisors who are involved in specific activities associated with oversight of the local Unified Program requirements must meet the following minimum educational requirements: (i) Thirty (30) semester units earned from an accredited college or institution approved by the California Superintendent of Public Instruction under the provisions of California Education Code Section 94310(b), from one or more of the following disciplines: (aa) biology or microbiology (bb) chemistry, chemical engineering (cc) physics, physical science (dd) environmental science (ee) geology or soil science (ff) environmental health (gg) environmental or sanitary engineering (hh) toxicology (ii) industrial hygiene (jj) hazardous materials management (kk) fire science, fire technology; - OR - (ii) Equivalent to graduation from an accredited college or university or equivalent degree approved by the California Superintendent of Public Instruction under the provisions of California Education Code Section 94301(b) with major course work in the disciplines listed in Paragraph (3)(A)(i); - OR - (iii) Qualifying experience in hazardous materials management, regulation, analysis, or research; environmental research, monitoring, surveillance or enforcement; or resource recovery may be substituted for the required education, on the basis of one year of qualifying experience for 15 units of college course work authorized pursuant to Paragraph (A)(i), for up to a maximum of 15 units. (B) CUPA technical program staff and supervisors who are involved in specific activities associated with oversight of the local Unified Program requirements shall meet minimum hours of training or experience requirements contained in subdivision (d)(3)(B) of this section, for all the following subject areas: (i) Regulatory overview; (ii) Classification, identification, and chemistry of hazardous materials and hazardous waste; (iii) Health and environmental effects of hazardous substances, including chemical exposure and route of entry; (iv) Sampling methodologies and use of instrumentation for detection and sampling of hazardous substances; (v) Conducting inspections and enforcement actions, and writing inspection reports and notice of violation; (vi) Interviewing, case development, and collection and preservation of evidence. (b) One or more CUPA technical staff or supervisors, as needed to effectively meet the requirements of Paragraphs (3)(A) and (3)(B), shall meets the requirements of subdivision (d) of this section. (c) The applicant agency shall identify the specific types of ongoing training which technical staff and supervisors are required to receive. Technical staff and supervisors of the CUPA and participating agencies shall receive training in the following areas: (1) hazardous materials and hazardous waste permitting, inspection and enforcement duties and responsibilities pursuant to state law and regulation, and to local ordinances and resolutions; (2) inspection techniques and scheduling, including evidence collection, chain of custody, sample preservation, and interviewing; (3) administration practices within a hazardous materials and hazardous waste program; (4) monitoring equipment, data evaluation, and interpretation of the results as related to hazardous materials and hazardous waste analysis (5) field staff health and safety training including: planning field inspections, safety equipment, on-site procedures, decontamination and hazard recognition and avoidance. (d)(1) Education Requirements: (A) Equivalent to graduation from an accredited college or university or equivalent degree approved by the California Superintendent of Public Instruction under the provisions of California Education Code section 94310(b) with major coursework in biological, chemical, physical, environmental or soil science; environmental health; environmental or sanitary engineering; toxicology; industrial hygiene; or a related field. Additional qualifying experience in hazardous materials management, regulation, analysis, or research; environmental research, monitoring, surveillance or enforcement; or resource recovery may be substituted for the required education on the basis of one year of qualifying experience for each year of college work for up to a maximum of two years. When substituting experience for education, qualifying education must include a minimum of 30 semester units in natural science from an accredited college or equivalent units from an institution approved as above; or (B) Registration as an Environmental Health Specialist may be substituted for the required education. (2) Participating staff shall have a minimum of one year experience in conducting hazardous materials or hazardous waste regulatory compliance inspections. (3) Staff participating in field order issuance shall complete the following minimum training: (A) Health and safety training as specified in section 5192(e) Title 8, California Code of Regulations; (B) 100 hours of training in regulatory investigative techniques including training in the following subjects: (i) Federal and state statutes and regulations on hazardous waste control; (ii) Conducting an inspection; (iii) Waste classification; (iv) Inspection report writing; (v) Collection and preservation of samples; (vi) Enforcement response options; (vii) Writing reports of violation; (viii) Interviewing; (ix) Case development; (x) Collection and preservation of evidence; (xi) Witness training; (xii) Rules of evidence and the administrative hearing process; and (xiii) Training on the issuance of field orders. (C) Staff participating in the desk order process and conducting informal hearings under the field order process shall have 24 hours of training in the following additional areas: (i) Training on penalty assessment; (ii) Negotiation techniques; and (iii) Training on the issuance of desk orders. (iv) It shall be the responsibility of the CUPA to document the training and experience of staff participating in this program. Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(c) and (d), 25404.1(a)(1), and 25404.3(b)(1), (4), (5) and (7), Health and Safety Code. s 15270. What technical expertise and ongoing training is required of a participating agency? (a) A participating agency implementing one or more of the program elements on or before December 31, 1995 shall be considered qualified to implement those specific program element(s) [refer to Section 15260(a)(1)]. (b) A participating agency that does not implement one or more program elements as of December 31, 1995, but intends to assume responsibility for implementation of a program element is required to meet the standards in effect at the time of application for that program element [refer to Section 15260(a)(2)]. (c) Participating agency technical staff and supervisors shall meet the ongoing training requirements identified in Section 15260(c). Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(c) and (d), 25404.1(a)(1), 25404.1(b)(2) and (4), and 25404.3(b)(1), (4), (5) and (7), Health and Safety Code. s 15280. What self-auditing requirements must the CUPA follow? (a) A self-audit is an evaluation conducted by the CUPA of its annual Unified Program activities and includes an evaluation of any participating agencies or other contracting agencies. (1) The CUPA shall conduct an annual self-audit at the end of each state fiscal year. Annual self-audit reports shall be completed by September 30 of each year. The time period covered by each self-audit is the state fiscal year from July 1 through June 30 of each year. (2) The first self-audit report shall be produced by September 30 following a full year of operation as a CUPA and shall be maintained on file by the CUPA for a period of five (5) years. (3) Upon written request of the Secretary or a state agency responsible for overseeing one or more program elements, the CUPA shall forward the self-audit to the person or agency making the request upon 60 days notice. (4) For an agency authorized to continue its role, responsibilities, and authority for a program element or elements pursuant to Health and Safety Code Sections 25404.3(f) or 25533(f), the self-audit shall only include information on the program element or elements that particular agency is authorized to continue to operate and shall not include information related to the surcharge or single fee system. (b) The self-audit shall include the following: (1) The CUPA'a self-audit includes an evaluation of participating agency performance. (A) The self-audit shall address at a minimum all program elements including the periodic evaluation of participating agencies, and a report of deficiencies with a plan of correction [refer to Section 15180(a)(8)]. (B) The CUPA shall prepare a summary of the findings of each self-audit and shall maintain the summary and self-audit records at the primary CUPA address provided in the application or as subsequently revised by the CUPA and provided to the Secretary at the address given in Section 15290(c). (2) Narrative summaries of program element activities including, but not limited to the effectiveness and efficiency of permitting and inspection and enforcement activities undertaken and a copy of the annual, biennial, and quarterly reports of program activities submitted to the Secretary pursuant to Section 15290. (3) A summary of Single Fee System activities. (4) A narrative summary of the progress made toward consolidating, coordinating, and making consistent the Unified Program. (5) A record of changes in local ordinances, resolutions, and agreements affecting the Unified Program. (6) A narrative summary of the annual review and update of the fee accountability program as required by Section 15210(b)(2). (7) A summary of new programs being included in the Unified Program. (8) A demonstration that the CUPA has satisfied the specific self-audit and performance standards established in regulation by the Secretary or the state agencies responsible for one or more of the program elements. Note: Authority cited: Sections 25404, 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404(b), (c) and (d), 25404.4(a)(1) and 25404.5(b), Health and Safety Code; and Title 23, Section 2713, California Code of Regulations. s 15290. What reports must the CUPA submit to the State? (a) The CUPA shall submit the following reports for the previous fiscal year to the Secretary by September 30 of each year. The first reports shall be submitted by September 30 following a full State fiscal year of operation as a CUPA. (1) The Annual Single Fee Summary Report using Report 2. It includes: (A) The amount of the single fee billed and the amount collected. (B) The amount of any funds due to participating agencies and the amount actually transmitted. (C) The amount of surcharge billed, the amount of surcharge waived, and the amount of surcharge collected for each of the following categories: (i) CUPA oversight (ii) regulated underground tanks (iii) California Accidental Release Prevention program (D) If the CUPA believes that the number of regulated businesses will change significantly in the current year or in the next year, then estimates of those changes for each program element will be provided in a cover letter with Report 2. (E) A count for the year of the report of the total regulated businesses, underground storage tank facilities, underground storage tanks, onsite hazardous waste treatment facilities (permit by rule, conditionally authorized, and conditionally exempt), CalARP program stationary sources, waivers granted to stationary sources, and businesses subject to the CalARP program surcharge. (2) Annual Inspection Summary Report, using Report 3, provides summary information for each program element. The hazardous waste element is separated into parts for generators, large quantity generators, recyclers, and onsite treatment as shown on Report 3. The summary information includes the number of regulated businesses, total number of inspections, routine inspections, other inspections, and the inspected businesses that returned to compliance within established standards after routine inspections. Established standards vary by program element and are found in either state law or regulations, or the CUPA may adopt more stringent standards by local ordinance or in its application for certification. The report also collects total counts (not by program element) for these types of inspections: combined routine, joint, and integrated/multi-media; and a count of Risk Management Plan audits for the CalARP program. (3) Annual Enforcement Summary Report, using Report 4, provides summary information for each program element. The hazardous waste element is separated into parts for generators, large quantity generators, recyclers, and onsite treatment, as shown on Report 4. The summary information includes the number of facilities with violations by type of violation; the number of informal enforcement actions; the total number of administrative actions, civil and criminal referrals and enforcement actions, and the total amount of fines and penalties initially assessed and collected. For the Class I and II violations within the hazardous waste program, it also provides a count of the total number of formal enforcement actions that were initiated within 135 days from the first day of a routine inspection or after making a determination of the violations for a complaint investigation. (This last count excludes minor violations.) (b)(i) Reports 2 through 4 shall be submitted by the CUPA to the: Secretary for Environmental Protection 1001 i street Sacramento, CAlifornia 95814 (c) On a quarterly basis, each CUPA shall send information pertaining to local underground storage tank program implementation to the State Water Resources Control Board. This report shall satisfy the requirements of Health and Safety Code, Section 25299.7(b) and CCR Title 23, Section 2713. (1) Quarterly Underground Storage Tank (UST) Program Report, using Report 6, provides information on quarterly changes to the count of regulated tank facilities; the number of active and permanently closed petroleum and hazardous substances tank systems; the completed UST facility inspections; and both a count and percent calculation of active UST systems with approved leak detection systems and the count and percent of UST systems that meet the 1998 upgrade or replacement requirements. This report is a turnaround document that is provided quarterly by the State Water Resources Control Board to each CUPA showing the previous quarter's information reported by the CUPA. The CUPA will also review and verify the information shown from the previous quarter and make any appropriate changes. (2) The quarterly reports shall be submitted 60 days after the end of each quarter to the: State Water Resources Control Board Division of Water quality, UST Program P.O. Box 2231 Sacramento, CA 95812 (d) The periodic reports required by Sections 15250 and 15290 shall be submitted in a paper form, unless the CUPA requests to submit the reports electronically and obtains the Secretary's prior approval of the file format. (e) If the CUPA chooses to submit Reports 3-6, required by Section 15290, to the State in an electronic format, the CUPA shall: (1) Meet the standards specified in Sections 15185 and 15187, (2) Submit the data using the same layout and present the required information in the same order and general sequencing for each page as shown on each report, or use a facsimile version thereof. (3) Collect and report all of the information found on the report that applies to the CUPA. (f) Upon the written request of the Secretary or an authorized agent, or a state agency responsible for one or more program elements, the CUPA shall provide information listed in or derived from any part of the Unified Program Data Dictionary [refer to Division 3, Subdivision 1, Chapters 1-5] to the person or agency making the request within 60 days. The scope of these requests by the Secretary for information on facilities and/or CUPA activities is limited to data included in the data dictionary. These additional data reports shall be submitted in a paper form, unless the person or agency making the request approves a CUPA's request to submit the reports electronically. CUPAs may request an extension upon showing good cause. (g) Nothing in this section shall limit the authority of the Secretary to request records or documents that are normally maintained by the CUPA in the course of implementing the Unified Program or otherwise required by law to be retained by the CUPA. The CUPA shall provide this information to the Secretary within 60 days. (h) Any other program reports required by federal or state law. The CUPA shall provide this information to the person or agency making the request within 60 days. (i) The CUPAs shall report using the formats of Report 1 through 6, however, in 1998-99, CUPAs may submit incomplete Reports 3 and 4, if information on CUPA activities had not been collected using these categories for that entire reporting period. In those cases, the CUPA shall submit additional available information demonstrating inspection and enforcement activities for the 1998-99 fiscal year. Complete reports are required for the 1999-2000 fiscal year and subsequent submissions. (j) An agency authorized to operate a program element or elements pursuant to Health and Safety Code Sections 25404.3(f) or 25533(f) shall only report information on the implementation of the program element or elements that particular agency is authorized to operate and shall not include information related to the surcharge or single fee system. Note: Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25299.3(b), 25404(b), (c) and (d), 25404.4(a)(1) and 25404.5(b), Health and Safety Code. s 15300. What activities require prior notification and approval of the Secretary? (a) A CUPA must notify and receive approval from the Secretary prior to instituting the following significant changes: (1) Addition or deletion of a program element; (2) Replacement or addition of a participating agency. Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(c) and 25404.3(d), Health and Safety Code. s 15310. What are the notification and approval procedures for activities which require prior approval from the Secretary? (a) The CUPA shall submit a proposal for a significant change in the Unified Program, as identified in section 15300, to the Secretary for approval prior to instituting that change. (1) The CUPA shall submit a modification to all applicable sections of the application for certification with its proposal for a significant change in the Unified Program. (2) The CUPA shall simultaneously send a copy of the proposed change to the affected participating agency. (3) Any participating agency involved in implementing a program element that is subject to proposed change shall have the opportunity to provide information related to the issue. (b) The Secretary shall review proposed significant changes to a Unified Program following the steps identified in Section 15160, and may conduct a public hearing when necessary. The Secretary shall complete the review within 180 days. (c) The Secretary shall follow the certification appeal process pursuant to section 15160 if the CUPA appeals a decision pursuant to this subdivision. Note: Authority cited: Sections 25404 and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(c), 25404.3 and 25404.4(a), Health and Safety Code. s 15320. What procedure will be followed if withdrawal of a certification becomes necessary? (a) During periodic review of the Unified Program, or review of an amended application, if the Secretary finds the program or the program implementation to be deficient, the Secretary may: (1) Issue a Notice of Intent to withdraw certification or (2) Enter into a program improvement agreement with the CUPA to correct the deficiencies. (b) A Notice of Intent to withdraw certification shall include specific reasons why the CUPA has failed to meet its obligations, in accordance with Section 25404.4 of the Health and Safety Code, to adequately implement the Unified Program within its jurisdiction. (1) A period of 60 days shall be allowed for the CUPA to respond to the Notice of Intent to withdraw certification and to correct deficiencies. (2) A public hearing may be scheduled, at which the Secretary may hear the CUPA's response to the Notice of Intent to withdraw. (c) If a city or joint powers agency certified as a CUPA and implementing the Unified Program within a city desires to withdraw as a CUPA, it shall give 180 days notice to the Secretary and to the county within which the city is located or to the joint powers agency with which the county has an agreement to implement the Unified Program prior to withdrawing from its Unified Program obligations. A successor CUPA will be chosen in accordance with the provisions of Section 25404.3(f) of the Health and Safety Code. Note: Authority cited: Sections 25404, 25404(b), 25404.3(g) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.3(g) and 25404.4(a), Health and Safety Code. s 15330. Under what circumstances will a CUPA and its participating agencies be evaluated after certification? (a) The Secretary shall coordinate the evaluation of a CUPA's implementation of the requirements of Health and Safety Code, Chapter 6.11 and California Code of Regulations, Title 27, Chapter 1 at least once every three years. The Secretary shall coordinate the evaluation of a CUPA with all state agencies with Unified Program responsibilities. (1) The annual self-auditing and reporting requirements pursuant to Sections 15280 and 15290 and the specific performance standards established in regulation by the Secretary or the state agencies responsible for one or more of the program elements shall be used for the evaluation of the CUPA. (2) Nothing in this section shall limit the authority of the Secretary to request records or documents for use in conducting the state performance evaluation that are normally maintained by the CUPA in the course of implementing the Unified Program or otherwise required by law to be retained by the CUPA. (3) For an agency authorized to continue its role, responsibilities, and authority for a program element or elements pursuant to Health and Safety Code Sections 25404.3(f) or 25533(f), the performance evaluation shall only cover the program element or elements that particular agency is authorized to continue to operate. (b) The CUPA shall evaluate its participating agencies on an annual basis at the time of the Self-Audit pursuant to Section 15280, or as necessary to maintain standards required in Health and Safety Code, Chapter 6.11, the statutes governing specific program elements, and the specific performance standards established in regulation by the Secretary or the state agencies responsible for overseeing one or more of the program elements. Note: Authority cited: Sections 25404(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 25201.5, 25201.13, 25201.14, 25286, 25287, 25404.2(c), 25404.3(d), 25404.4(a)(1) and 25506, Health and Safety Code. s 15400. What is the Unified Program Consolidated Form? (a) The Unified Program Consolidated Form (UPCF) (1/99), defined in section 15110 and shown in Division 3, Subdivision 1, Chapter 6, Forms, is a standardized form to be used by CUPAs in the Unified Program to collect information from regulated businesses. The UPCF is a single, comprehensive format that consolidates business-to-CUPA reporting requirements within the Unified Program. (b) The UPCF may be reproduced or electronically duplicated as needed. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25281.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code. s 15400.1. What is the format of the UPCF and its required elements? (a) The format of the UPCF refers to the way it is organized [see Figure 5]. The UPCF contains the following sections: (1) Facility Information, to be completed by all regulated businesses: (A) Business Activities (B) Business Owner/Operator Identification (OES Form 2730) (2) Hazardous Materials: (A) Hazardous Materials Inventory-Chemical Description (OES Form 2731) (3) Tanks: (A) Underground Storage Tank (UST) Facility (formerly SWRCB Form A) (B) UST Tank (formerly SWRCB Form B) (C) UST Installation-Certificate of Compliance (formerly SWRCB Form C) (4) Hazardous Waste (A) Recyclable Materials Report (per Health and Safety Code, Section 25143.10) (B) Onsite Hazardous Waste Treatment Notification-Facility (formerly DTSC Form 1772) (C) Onsite Hazardous Waste Treatment Notification-Unit (formerly DTSC Forms 1772A, B, C, D, E, and L) (D) Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Onsite Treaters (formerly DTSC Form 1232) (E) Remote Waste Consolidation Site Annual Notification (formerly DTSC Form 1196) (F) Hazardous Waste Tank Closure Certification (formerly DTSC Form 1249) (b) Regulated businesses shall report required elements that are applicable to their business to the CUPA by submitting the sections of the UPCF, a business generated facsimile, or an alternative version developed by their CUPA. s 15400.2. What is the relationship between the UPCF and the forms previously adopted by State departments for the individual program elements? (a) The Business Owner/Operator Identification page and Hazardous Materials Inventory-Chemical Description page have been adopted by the Office of Emergency Services [Reference Title 19 California Code of Regulations Sections 2729.2(a) and (b)]. These pages are incorporated into the UPCF to achieve coordination in the implementation of the Unified Program and for the convenience of CUPAs and regulated businesses. (b) Completion of the applicable sections of the UPCF fulfills the requirements to submit the following previously used forms: (1) The Underground Storage Tank Program Forms A, B, and C previously adopted by the State Water Resources Control Board. (2) The Recyclable Materials Reporting Form previously adopted by the California Conference of Directors of Environmental Health (9/91) (3) The Onsite Hazardous Waste Treatment Notification Forms previously adopted as DTSC 1772, 1772 A, B, C, D, E, L, and the Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations, DTSC 1232 (8/96) previously adopted by the Department of Toxic Substances Control. (4) The Remote Waste/Consolidation Site Annual Notification Form DTSC 1196. (5) The Hazardous Waste Tank Closure Certification Form previously adopted as DTSC 1249 (8/98). (c) To the extent not prohibited by law, completion by a regulated business of its CUPA's alternative version of the UPCF or a business generated facsimile also satisfies the requirements of the above in subdivisions (a) and (b) of this section. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25218.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code. s 15400.3. When must a CUPA use and distribute the UPCF and when are CUPA alternative versions allowed? (a) The CUPA shall distribute copies of the UPCF to any regulated business or member of the public upon request. A CUPA may add the name of the CUPA, a logo, and address, phone number, and other identifying information to the UPCF title or footer on one or more pages, without the customized UPCF being considered an alternative version subject to the conditions adopted by this section. (b) The CUPA shall accept the UPCF as shown in Division 3, Subdivision 1, Chapter 6, Forms from any regulated business that chooses to use it, even if the CUPA adopts one or more alternative versions of the UPCF. (c) A CUPA may create alternative versions of the UPCF for local purposes such as streamlining for small businesses or addressing a specific type of industry. Any alternative version of the UPCF shall: (1) Collect all of the information found on the UPCF that applies to the regulated businesses using the data element definitions established by the data dictionary. (2) Be consistent with the data standards adopted throughout Article 5 through 10 of these regulations. (3) Use the same section order as shown in Section 15400.1. (4) Be developed in consultation with all other agencies within the CUPA's jurisdiction that are responsible for fire protection, emergency response, and environmental health. (5) Not duplicate data elements between sections of the UPCF other than facility ID number and facility name. (6) Comply with all applicable federal and state laws. (d) Alternative versions of the UPCF adopted by a CUPA shall include this written disclaimer statement on a cover page or the front page, printed using a font larger than or equal to 8 points for readability: "This form was developed by the CUPA as an alternative version of the Unified Program Consolidated Form (UPCF). Businesses have the option to use it or the UPCF adopted in state regulations. The CUPA or Participating Agency (PA) must accept the state UPCF and cannot require a business to use the alternative version developed by the CUPA. The CUPA and PA can require businesses to provide additional information on either the UPCF or a supplemental page to that document." (e) Each CUPA shall provide instructions to the regulated businesses when distributing the UPCF and any alternative versions. These instructions must be consistent with the instructions adopted in California Code of Regulations Title 19, Article 4, Appendix B. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25503.5(a) and (b)(1) and (2), 25505 and 25509, Health and Safety Code. s 15400.4. Under what conditions will CUPAs be allowed to require businesses to submit additional information? (a) CUPAs shall collect additional local information on either supplemental pages or within the UPCF in the boxes provided on the Business Owner/Operator Identification page (OES Form 2730) and the Hazardous Materials Inventory-Chemical Description page (OES Form 2731). (b) CUPAs that have created one or more alternative versions of the UPCF [refer to section 15400.3(c)] may add supplemental requests for information within the alternative version, to the extent space is available. (c) CUPAs are prohibited from requesting duplicative information in a different format if that information is part of the Data Dictionary, the UPCF, or that CUPA's alternative version of the UPCF. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25503.3(a) and 25505, Health and Safety Code. s 15410. What forms must be used by Household Hazardous Waste facilities regulated under the Unified Program? Reserved--under development by Cal/EPA the Department of Toxic Substances Control s 15600. What documents are regulated businesses required to submit to CUPAs? (a) A copy of the Business Activities Page and Business Owner/Operator Page (OES Form 2730) shall be submitted with every submission of pages of the Unified Program Consolidated Form (UPCF). (b) Regulated businesses are required to meet the reporting requirements of any applicable program element of the Unified Program. Many of those reporting requirements are satisfied by completing sections of either the UPCF, an alternative version [Refer to 15400.3], or a computer generated facsimile. (c) Businesses may report to the CUPA electronically, if the CUPA agrees [refer to Section 15187]. (d) Other documents may also be required by federal and state statutes and regulations or by local ordinance. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25218.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code. s 15610. When must regulated businesses use the UPCF and when are business generated facsimiles allowed? (a) Regulated businesses shall use either the applicable sections of the UPCF or an alternative version of the UPCF adopted by the CUPA in their jurisdiction, if one is available. (b) Regulated businesses may satisfy this requirement by submitting computer-generated facsimile forms. A facsimile of the UPCF shall meet the following specifications: (1) It shall contain all the information required on the UPCF and defined by the data dictionary for those regulated businesses. It shall use the same section format and present the required information in the order and general sequencing on the page as shown on the UPCF. The facsimile form shall be printed on 8 1/2 by 11 inch paper in 'portrait' format. It shall retain all labels and identifiers for the UPCF sections, pages, and subsections. Current page breaks shall be maintained, although a page for supplemental local information may be added between UPCF page breaks. (2) It is not required to be an exact copy or to use identical fonts, boxing, shading, or other graphic design elements of the UPCF. (c) The CUPA shall determine if business-generated facsimiles comply with the requirements of subsection (b). The CUPA may also allow businesses to submit facsimiles of their alternative versions of the UPCF. (d) To the extent not prohibited by law, the CUPA may assist businesses to revise their information by providing copies of completed reports based on previous submittals. These reports shall be in the general format of the UPCF or the alternative version. A business that revises, certifies, and returns this report to the CUPA satisfies the requirements to complete the appropriate sections of the UPCF. Regulated businesses are not required to use these CUPA generated reports and have the option to submit updated information using the UPCF or a facsimile. (e) To the extent not prohibited by law, a business subject to the hazardous materials reporting requirements may comply with the annual inventory reporting requirement by submitting a certification statement to the CUPA if both of the following apply: (1) The business has previously filed the appropriate pages of the UPCF or an alternative version and (2) The business owner or officially designated representative signs and attests to these statements: (A) The information contained in the annual inventory form most recently submitted to the CUPA is complete, accurate, and up to date. (B) There has been no change in the quantity of any hazardous material as reported in the most recently submitted annual inventory form. (C) No hazardous materials subject to the inventory requirements are being handled that are not listed on the most recently submitted annual inventory form. (D) The most recently submitted annual inventory form contains the information required by Section 11022 of Title 42 of the United States Code. Note: Authority cited: Sections 25404(b), (c), (d), and (e), 25404.6(c), and 25505(d), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25218.2, 25218.9, 25245.4, 25286, 25287, 25501, 25503.3(b) and (c), 25503.5(c), 25505, 25506 and 25509, Health and Safety Code. s 15620. When must businesses submit, update, amend, revise, or resubmit the UPCF? (a) Regulated businesses shall comply with the established dates or events that trigger the requirements for businesses to submit information required as part of the Unified Program and submitting the appropriate sections of the UPCF, the alternative version, or a computer generated facsimile. A CUPA may establish other specific dates for submission of information consistent with state and federal law. (b) Different parts of the UPCF, the alternative version, or a computer generated facsimile may be submitted separately. Each submission shall be accompanied by the Business Owner/Operator Identification page and shall be signed with an original signature. The Business Activities page shall also be resubmitted whenever any information reported on it changes. Note: Authority cited: Sections 25404(b), (c), (d), and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25200.14, 25201, 25201.4.1, 25201.5, 25201.13, 25218.2, 25218.9, 25245.4, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code. Appendix A Certified Unified Program Agency (CUPA) Application Cover Sheet Completeness Checklist JURISDICTION NAME: ________________________ CONTACT PERSON NAME: ______________________ ADDRESS: _________________________________ MAILING ADDRESS (if different): _____________________ DATE OF APPLICATION: _____________________ TELEPHONE NUMBER: _____________ FACSIMILE NUMBER: __________ ------------------------------------------------------------------------------- ITEM DESCRIPTION CITATION PAGE# ------------------------------------------------------------------------------- 1 Appendix A\or this checklist 15150(e)(1) ------------------------------------------------------------------------------- 2 Demographic Information 15150(e)(4) ------------------------------------------------------------------------------- 3 Applicant Information 15150 ------------------------------------------------------------------------------- 4 Implementation History 15150(e)(16) ------------------------------------------------------------------------------- 5 Geographic Scope 15150(e)(3), (e)(2) ------------------------------------------------------------------------------- 6 Structure of CUPA 15150(e)(5) ------------------------------------------------------------------------------- 7 Authorization 15150(c) ------------------------------------------------------------------------------- 7A Regulatory Authority ------------------------------------------------------------------------------- 7B Ordinances & Resolutions 15150(c)(1) & (2) ------------------------------------------------------------------------------- 8 CUPA and PA Issues 15150(d) ------------------------------------------------------------------------------- 9 Unified Program Implementation Plan 15150(e)(6) ------------------------------------------------------------------------------- 10 Consolidated Permit Plan 15150(e)(10) ------------------------------------------------------------------------------- 11 Inspection & Enforcement Plan 15150(e)(11) ------------------------------------------------------------------------------- 12 Fee Accountability Program 15150(e)(12) ------------------------------------------------------------------------------- 12A Staff Resource Adequacy 15170(b)(3)(A-E) (b)(4), (b)(5) ------------------------------------------------------------------------------- 12B Budget Adequacy/Annual Funding 15150(e)(14) 15170(c) ------------------------------------------------------------------------------- 12C Contents of Fee Accountability Program 15170(f) and Cost Calculation Methods 15210(b)(1) ------------------------------------------------------------------------------- 13 Single Fee Implementation Plan 15150(e)(13) ------------------------------------------------------------------------------- 14 Reporting & Auditing Requirements 15150(e)(15) ------------------------------------------------------------------------------- 15 Recordkeeping & Cost Accounting Systems 15150(e)(17) ------------------------------------------------------------------------------- 16 Title 22, CCR, Section 66272.10 Compliance 15150(e)(18) ------------------------------------------------------------------------------- 17 Training and Technical Expertise 15150(e)(8) 15150(e)(7) ------------------------------------------------------------------------------- 18 Additional Programs Elements 15150(e)(19) ------------------------------------------------------------------------------- 19 No Adverse Impacts/Less 15150(e)(20) Fragmentation/Coordination and Consistency 15150(e)(21) ------------------------------------------------------------------------------- 20 Certifications 15150(e)(9) 15150(e)(1- 4) 15150(e)(1- 5) ------------------------------------------------------------------------------- 21 Signature of Authorized Representative 15150(b) ------------------------------------------------------------------------------- 22 County Waiver of Surcharge Assessment HSC 25404.5(d) (Optional) ------------------------------------------------------------------------------- TABLES ------------------------------------------------------------------------------- 1 Enumerations/Demographic Information 15150(e)(4) ------------------------------------------------------------------------------- 2 Summary of Program Activities 15150(e)(16) ------------------------------------------------------------------------------- 3 Time Allocation of Staff 15150(e)(14) 15170(b) ------------------------------------------------------------------------------- 4 Training and Technical Expertise 15150(e)(7) 15150(e)(8) ------------------------------------------------------------------------------- 5 Reporting and Auditing Requirements ------------------------------------------------------------------------------- 6 Reporting and Auditing Requirements ------------------------------------------------------------------------------- 7 Surcharge Transmittal Report 15250(b) ------------------------------------------------------------------------------- 8 Annual Single Fee Summary Report 15280(b) ------------------------------------------------------------------------------- CHARTS ------------------------------------------------------------------------------- Implementation Timeline 15150(e)(6)(A) ------------------------------------------------------------------------------- FIGURE ------------------------------------------------------------------------------- Organizational Chart 15150(e)(5) ------------------------------------------------------------------------------- Only one signature will be required for the Certified Unified Program Agency Application. Please see the signature block located in Attachment 2 (Certification Sheet). Appendix B Certified Unified Program Agency (CUPA) Applicant Certification I hereby certify the following: 1. I have read and understand Sections 15130 and 15150(e)(9), (14) and (15) of Article 3, Chapter 1, Subdivision 4, Division 1, Title 27 of the California Code of Regulations. 2. The administrative procedures of the proposed Unified Program, as implemented by my agency, will meet the standards described in Section 15180 of Title 27, CCR. 3. The Unified Program, as implemented by my agency, will meet the reporting requirements as described in Article 6 of Title 27, CCR. 4. All responsible agencies involved in the implementation of the Unified Program, as proposed by this application, have adequate resources to carry out the Unified Program. 5. If I am a non-county entity, that I have notified the county of my intent to apply to administer the Unified Program within my jurisdiction. 6. I agree to use state certified laboratories for analysis required under the Generator Program by Health and Safety Code Chapter 6.5 (refer to Health and Safety Code Section 25198) 7. The information provided within this application is true to the best of my knowledge. 8. I understand that this certification is an integral part of the formal application for certification as a Certified Unified Program Agency, and that any false statement may be grounds for denial or revocation of the Unified Program authorization by the Secretary of the California Environmental Protection Agency. _______________________________ ___________________ Signature of Elected Official or Date Authorized Representative _________________________________ Title _________________________________ Jurisdiction TABLE 1 ENUMERATION/DEMOGRAPHIC INFORMATION PROGRAM #OF MANDATED APPLICANT AGENCY BUSINESSES INSPECTION INSPECTION TO OR # UST's FREQUENCY FREQUENCY INSPECT --------------------------------------------------------------------------- Total $ of all regulated businesses --------------------------------------------------------------------------- UST program at least once every 3 years --------------------------------------------------------------------------- Total of UST's --------------------------------------------------------------------------- SPCC --------------------------------------------------------------------------- HMMP [FNa1]N --------------------------------------------------------------------------- HMRRP at least once every 3 years --------------------------------------------------------------------------- PBR at least once every 3 years --------------------------------------------------------------------------- CA at least once every 3 years --------------------------------------------------------------------------- CE at least once every 3 years --------------------------------------------------------------------------- RMPP at least once every 3 years --------------------------------------------------------------------------- Generators no mandated frequency [FNa2] --------------------------------------------------------------------------- [FNa1] If the HMMP is fully covered by the HMRRP, leave this row blank. [FNa2] Although the generator program has no mandated inspection frequency, if generator inspections are to be incorporated as part of the Unified Program, their inspection frequency should be coordinated with the inspection frequencies of the other Unified Program elements. Regulatory Citations: Title 27, CCR Section 15150(e)(4) Title 27, CCR Section 15170(b)(1) Title 27, CCR Section 15200(b) Title 27, CCR Section 15200(f)(1)(A-C) Title 27, CCR Section 15210(b)(1)(F-H) Title 27, CCR Section 15150(e)(16) Title 27, CCR Section 15200(b)(1-5) (Cal/EPA T01 11/95) Instructions for Table 1 Fill in the Jurisdiction name that is the reporting applicant agency or CUPA. Fill out the blank and unshaded boxes. # OF BUSINESSES - Number of businesses regulated under each of the programs listed. MANDATED INSPECTION FREQUENCY - Lists the statutorily required minimum inspection frequency. APPLICANT INSPECTION FREQUENCY - The inspection frequency established by the applicant agency in the Inspection and Enforcement Plan. AGENCY TO INSPECT - Which internal CUPA department, office, or agency will inspect or which external local government (participating agency) will inspect. Total # of all regulated businesses - Total of all businesses within all regulated programs. Do not double count businesses for this total. Example: A business that stores hazardous waste in two underground tanks for use in an onsite PBR treatment process. This business would count as one (1) regulated business for the "Total # of all regulated businesses" block of the chart. This same business would count as one (1) regulated business in the Underground Storage Tank program (UST program) with a total of two Underground Storage Tanks (UST's), one (1) regulated business in the HMRRP, one (1) regulated business in the generator program, and one (1) regulated business in the PBR Onsite Hazardous Waste Treatment program. UST program - Underground Storage Tank program Total # of USTs - Total number of underground storage tanks that the business has onsite. SPCC - Spill Prevention Control and Countermeasure Plan. HMMP - Hazardous Material Management Plan. HMRRP - Hazardous Materials Release Response Plan and Inventory Program. PBR - Permit-By-Rule Onsite Hazardous Waste Treatment program. CA - Conditionally Authorized Onsite Hazardous Waste Treatment program. CE - Conditionally Exempt Onsite Hazardous Waste Treatment program. RMPP - Risk Management and Prevention Program. Generators - Hazardous Waste Generator program. Instructions for Table 2 Fill in the Jurisdiction name that is the reporting applicant agency or CUPA. Fill in the fiscal year that the Table is used for. Fill out the blank and unshaded boxes. See instructions for Table 1 for definitions of program abbreviations. PROGRAM s 16100. Applicability. Note: Authority cited: Section 25261, Health and Safety Code. Reference: Section 25261, Health and Safety Code. s 16110. General Provisions. Note: Authority cited: Section 25261, Health and Safety Code. Reference: Section 25264, Health and Safety Code. s 16120. Definitions. Note: Authority cited: Section 25261, Health and Safety Code. Reference: Sections 25261, 25264 and 25265, Health and Safety Code. s 16130. Designation of Lead Agency. Note: Authority cited: Section 25261, Health and Safety Code. Reference: Sections 25262 and 25267, Health and Safety Code. s 16140. Determination of Administering Agency Qualification. Note: Authority cited: Section 25261, Health and Safety Code. Reference: Section 25262, Health and Safety Code. s 16150. Site Certification. Note: Authority cited: Section 25261, Health and Safety Code. Reference: Sections 25264 and 25265, Health and Safety Code.