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3. evidence of financial mechanisms to insure adequate availability of funds.
Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200, 43209, 43500-43606, 44001-44017 and 44300, Public Resources Code.
s 18083. LEA Duties and Responsibilities for Inspections.
(a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and its EPP, the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, solid waste facilities, operations and disposal sites and equipment to verify compliance with the state minimum standards, solid waste facility permits, and related state solid waste laws and regulations within their purview for the protection of the environment and the public health and safety. The LEA/EA shall perform these inspections and related duties as required below, and forward inspection reports to the operator and/or owner, and the board within 30 days of the inspection:
(1) weekly, for sites operating on performance standards pursuant to 27 CCR 20695;
(2) monthly, for all active and inactive facilities, and for illegal sites and facilities, pending abatement by enforcement action(s);
(3) at the frequency required by the state minimum standards for each type of operation regulated under the EA Notification tier.
(4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 CCR 21565. For closed sites, inspections shall be made until no potential threat exists to public health and safety or the environment. This determination shall be subject to board approval. For the purposes of this subsection, the enumeration, and the workload analysis, a closed site means a site that has ceased accepting waste and, should be closed, is undergoing closure, or has met applicable closure requirements;
(A) the board may approve an alternate inspection frequency for these sites where such an action will not result in adverse impact on public health and safety and the environment.
(5) if an LEA has been designated as the EA for waste tire facilities or entered into an agreement with the board through a grant program to inspect waste tire facilities, major waste tire facilities shall be inspected annually and minor waste tire facilities shall be inspected at least once every two and a half years pursuant to 14 CCR 18443;
(6) upon receipt of a complaint or emergency notification which cannot be resolved off-site;
(7) as necessary, pursuant to the EPP, upon receipt of a permit application, revision, review, RFI amendment, or closure/postclosure plan; and
(8) pursuant to the EPP, for solid waste handling and collection equipment.
(b) The LEA/EA may conduct any of the above inspections, without prior notice to the owner or operator, during normal business hours or the site's operating hours.
Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200, 43209, 43218, 44100 and 44101, Public Resources Code.
s 18084. LEA Duties and Responsibilities for Enforcement.
(a) If during an inspection, investigation, or at any other time, the LEA/EA finds a solid waste facility, operation, or disposal site, is in violation of state minimum standards, the terms and conditions of a permit, or any related state solid waste laws or regulations within their purview, the LEA/EA shall enforce the applicable provisions as required by PRC Division 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and its EPP. The LEA/EA enforcement actions shall address the following categories of violations:
(1) operational violations, pursuant to 14 CCR Division 7, Chapter 3 and 3.1, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and Division 30 of the Public Resources Code;
(2) emergency violations, pursuant to subsection (1) above which present an imminent threat to public health and safety, or the environment an require immediate action pursuant to Part 5, Division 30 or the Public Resources Code;
(3) permit violations, pursuant to Public Resources Code Division 30 Part 4, Chapter 3 and 14 CCR Division 7, Chapter 5, and 27 CCR, Division 2, Subdivision 1 (s20005 et seq.);
(4) closure and postclosure violations, pursuant to Public Resources Code Division 30, Part 4, Chapter 2, Articles 3 and 4, Part 5, and 27 CCR, Division 2, Subdivision 1 (s20005 et seq.);
(b) LEA/EA enforcement action options include, but are not limited to 14 CCR Division 7 Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and Public Resources Code Division 30 Parts 4 and 5.
(c) If in the course of an enforcement action, the LEA/EA deems legal counsel to be necessary to achieve enforcement, compliance, relief, or the assessment of monetary penalties through the courts, the LEA/EA shall utilize legal counsel which will be prepared to initiate legal proceedings within 30 days of notification.
(d) If the LEA fails to take appropriate enforcement action to cause an operator to correct violations, or to abate an imminent threat to public health and safety or the environment, the board may take appropriate enforcement action pursuant to PRC sections 45012, 43216.5, and CCR Title 14 section 18350, and also investigate the LEA's designation and/or certification pursuant to PRC section 43214. The board shall apply the following two general criteria to determine if the LEA is taking appropriate enforcement action:
(1) Criterion 1: If the operator is making timely progress toward compliance, then the LEA is taking appropriate action and criterion 2 need not be applied. If the operator is not making timely progress, then criterion 2 shall be applied. In determining whether or not the operator is making timely progress, the board shall consider the following:
(A) The operator's success or lack thereof in accomplishing specific tasks within the timeframes specified in a compliance schedule, or a notice and order.
(B) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to comply, but a delay in compliance has been caused by extenuating circumstances outside the operator's and LEA's control. Examples of extenuating circumstances outside the operator's and LEA's control include acts of God such as inclement weather, earthquakes, etc. Information regarding reasonable deadline extensions due to delays in obtaining discretionary permits or other government agency approvals where the operator's actions or failure to act was not the cause of the delay may also be taken into consideration.
(C) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to correct a landfill gas migration violation, but the assessment of the extent of migration has revealed a problem of a much larger magnitude than originally anticipated, necessitating a larger control system that will take a correspondingly longer length of time to design and install.
(2) Criterion 2: If the LEA is increasing its enforcement response by taking additional action pursuant to its EPP and, if applicable, a previously issued N&O, then the LEA is considered to be taking appropriate action. If the LEA is not increasing its enforcement response by taking additional action, then the LEA is not considered to be taking appropriate action.
Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43504, 44016, 44305, 44306, 44310 and 45000-45024, Public Resources Code.
s 18085. Ground for Board Actions over LEAs.
An LEA's failure to fulfill one or more of the following responsibilities and /or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management Act") and/or these implementing regulations shall constitute sufficient ground(s) for any of the board actions set forth in 14 CCR 18086, including but not limited to:
(a) Failure of the LEA to comply with one or more of the Performance Standards referenced in Public Resources Code Section 43214 and/or its implementing regulation, 14 CCR 18081, including but not limited to:
(1) Failure of the LEA to maintain compliance with the certification requirements referenced in 14 CCR 18072-75, including but not limited to technical expertise, adequacy of staff resources, adequacy of budget resources, and training;
(2) Failure of the LEA to enforce facility compliance with one or more of the state minimum standards at solid waste facilities within the jurisdiction of the LEA, as referenced in Public Resources Code Section 43214(c);
(3) Failure of the LEA to maintain compliance with and/or implement one or more of the components of the LEA's Enforcement Program Plan, as referenced in 14 CCR 18077; and
(4) Failure of the LEA to perform all applicable duties related to the California Environmental Quality Control Act.
(b) Failure of the LEA to fulfill one or more of its duties and/or responsibilities as referenced in Public Resources Code Section 43209 and/or its implementing regulations, including but not limited to:
(1) LEA Duties and Responsibilities for Permitting and Closure or Postclosure, as referenced in 14 CCR 18082;
(2) LEA Duties and Responsibilities for Inspections, as referenced in 14 CCR 18083; and
(3) LEA Duties and Responsibilities for Enforcement, as referenced in 14 CCR 18084.
(c) When public health and safety or the environment is threatened, the Board shall, within 10 days of notifying the LEA, become the enforcement agency until another local agency is designated locally, approved and certified by the board pursuant to PRC Section 43214(c).
Note: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43209, 43214, 43218, 43500-43606, 44001-44017, 44100, 44101, 44300, 44301 and 44500-45601, Public Resources Code.
s 18086. Types of Board Actions over LEAs.
If the Board finds that an LEA is not fulfilling one or more of its responsibilities and/or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management Act") and/or these implementing regulations, then the Board, in accordance with Public Resources Code Section 43215 and 43216.5, may take one or more of the following actions:
(a) Assume responsibility for specified LEA duties by partially or fully decertifying an LEA, either permanently or through a temporary suspension. Such an assumption of responsibility shall only extend to the LEA duties so specified by the board. The board may charge for operations pursuant to PRC 43212(a) while performing enforcement agency duties.
(b) Conduct more frequent inspections and evaluations within an LEA's jurisdiction.
(c) Establish a schedule and probationary period for improved performance by an LEA, and/or call for the submission of an evaluation workplan.
(d) Withdrawal of the Board's approval of the local governing body's designation of the LEA.
(e) Implement any other measures which may be determined by the Board to be necessary to improve LEA compliance.
Note: Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500-40510 and 43200-43219, Public Resources Code.
s 18087. Process for Board Actions over LEAs.
(a) Notice: Notice of the hearing shall be sent by first-class mail and deposited in the mail at least thirty (30) days prior to the hearing. The notice shall be sent to the LEA's most current address as specified in the completed Form CIWMB 1000 "Notice of Designation of Local Agency" currently on file with the Board. If written notice has been provided the Board that the LEA is represented by an attorney in the proceeding, the notice of the hearing shall additionally be mailed to such attorney.
(b) Public Hearing: The hearing shall be open to the public. The Chair or other presiding officer may provide an opportunity during the hearing for nonevidentiary public comment relevant to the matter being heard by the Board. The Chair or other presiding officer may impose reasonable limitations on the number of public speakers commenting, and on the nature and length of the comment period.
(c) Admission of Evidence: A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(d) Final Action by the Board: The Board's decision will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment. The Board will announce its decision at the conclusion of the hearing. A written decision will be prepared thereafter, which shall include a statement of the factual and legal basis of the decision. A copy of the written decision shall be sent to the LEA in the same manner as set forth in subsection (a), above, within ten (10) days of the conclusion of the hearing.
Note: Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500-40510 and 43200-43219, Public Resources Code.
s 18088. Board Acting as Enforcement Agency.
The Board, when acting as the enforcement agency, may enter into agreements or contracts as its discretion with any certified local enforcement agency for the purpose of delegating its enforcement agency duties within any jurisdiction until a local agency is designated, approved and certified by the Board.
Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43216 and 43216.5, Public Resources Code.
s 18090.0. Purpose and Scope.
The purpose of the LEA Grant Program is to provide grants to LEAs to carry out the solid waste facilities permit and inspection program.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18090.1. Grant Eligibility.
Grants shall be awarded only to LEAs and regional LEAs that are certified pursuant to Article 2.1 of this Chapter. Eligibility for a grant is dependent on Board approval of final accountings for previously awarded LEA Grants.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18090.2. Grant Award.
(a) The total amount of grants made by the Board pursuant to this article shall not exceed, in any one fiscal year, the amount specified by law.
(b) The total grant amount shall be distributed among the applicants on a pro-rata basis with each LEA receiving a Board established base grant, in no event less than $15,000, plus an additional amount based on the population of the jurisdictions served by the LEA and the number of active, permitted solid waste facilities located within those jurisdictions.
(c) Each Regional LEA shall receive a base grant multiplied by the number of counties for which the LEA is responsible, plus an additional amount based on the population of the jurisdictions served by the Regional LEA and the number of active, permitted solid waste facilities located within those jurisdictions.
(d) All population statistics will be obtained through the most current annually revised Department of Finance Report on Population Estimates for California Cities and Counties.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18090.3. Use of LEA Grant Funds.
(a) LEA grant funds shall be used exclusively for the purpose of carrying out the approved solid waste facilities permit and inspection program. Any unauthorized use of LEA grant funds may result in the termination of the grant agreement, repayment of funds and/or return of all unused portions of the grant to the Board.
(b) Any unused portions of an LEA grant awarded pursuant to this article for a designated fiscal year shall be returned to the Board.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18091.1. Grant Application.
(a) Applications for LEA grants will be accepted by mail during the time period specified in the application package. Applications sent by facsimile transmission or hand-delivered applications will not be accepted.
(b) An LEA or Regional LEA that is eligible for a grant award pursuant to Section 18090.1 of this Chapter, shall submit a grant application to the Board. The purpose of the grant application is to identify the local agency positions authorized to administer the grant program and to provide the Board the basis on which to evaluate appropriate grant use. The grant application shall include the following:
(1) A Statement of Use describing the program's goals or objectives and stating how the grant funds will be used to implement the program;
(2) A Budget Report listing all proposed grant expenditures, which may include the cost of staffing, third party contracts, training, travel and purchase of equipment or materials; and
(3) A certified copy of an approved resolution from each applicant's governing body authorizing submittal of the application and identifying the position of the individual who is authorized to execute all agreements and other documents necessary to carry out the program.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18092.0. Review of Grant Application.
(a) Board staff shall review each grant application to verify that it is complete and satisfies the criteria contained within Section 18091.1 of this Chapter.
(b) Board staff may request additional information related to the grant application required pursuant to Section 18091.1 of this Chapter. The applicant will have ten (10) working days, or an additional time period specified by Board staff to submit the requested information.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18093.0. Grant Requirements.
(a) The grant recipient and the Board shall enter into a written grant agreement that defines the grant term; contains a description of the approved program; and ensures compliance with the conditions specified in this Article.
(b) The grant recipient shall submit a final report on or before one hundred-twenty (120) days following completion of the grant cycle. The report shall include any amendments to the grant program; provide a description of the implementation of the program; and, provide detailed expenditure information that enables the Board to determine the specific use of all grant funds.
(c) Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18093.1. Payment of Grant Funds.
(a) Grants will be awarded annually each year subject to the availability of funds.
(b) Grant recipients will be advanced ninety percent (90%) of their grant funds. All grant funds must be placed in an interest-bearing account with a fully insured financial institution. The grantee shall track interest accrued on the advance payment. Interest earned from the account shall be used only for eligible grant related expenses or returned to the Board.
(c) The Board will withhold ten percent (10%) of the total grant funds until satisfactory completion of the project and approval of grantee's final report and payment request.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18094.0. Auditing.
(a) The Board, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant. Grant recipients shall maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of records retention is stipulated, or until resolution of issues which may arise as a result of any audit, litigation, or claim negotiation.
(b) Grant recipients shall maintain an accounting system which utilizes generally accepted accounting principles and practices. In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers.
Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code.
s 18100. Scope.
(a) This Article sets forth the method of application for a tiered solid waste facilities permit, procedures for review and action on an application package, and other requirements associated with regulatory tiers. This Article also includes provisions regarding permit maintenance following issuance and other requirements associated with solid waste handling operations. Similar provisions regarding a full solid waste facilities permit can be found in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0-3.2 of the California Code of Regulations (commencing with section 21570).
(b) The provisions of this Article shall apply only to those operations and facilities as specified in the minimum standards set forth in Chapters 3.0 or 3.1 of Division 7 of this Title.
(c) The submittal of an enforcement agency notification (in accordance with section 18103) or issuance of a tiered permit supersedes any previously submitted enforcement agency notification or issued tiered permit.
(d) Specific provisions relating to the different types of regulatory tiers may be found below as follows:
(1) Excluded section 18102
(2) Notification of Enforcement Agency sections 18103 - 18103.3
(3) Registration Permit sections 18104 - 18104.9; and
(4) Standardized Permit sections 18105 - 18105.11.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 43000-45802, Public Resources Code.
s 18101. Definitions.
Unless incorporated by reference or by statute, the definitions in this Article govern only the construction of this Article.
(a) "Acceptance for filing" means the enforcement agency has determined that the application is complete and correct and the specified permit action time frames contained in this Article commence.
(b) "Annual loading" is the maximum amount of waste/material to be handled by an operation annually.
(c) "Change in operation" means any change to a facility's operations noted in the application, including, but not limited to, change in facility description, change in materials handled, change in quantity of material handled, or change in operating hours in which the operator intends to operate outside of normal business hours.
(d) "Complete" means all information required as part of a solid waste facilities permit application submitted pursuant to this Article has been provided.
(e) "Correct" means all information provided by the applicant as part of a solid waste facilities permit application submitted pursuant to this Article is accurate, exact, and fully provides the applicable filing requirement information for the solid waste facility for which a permit is being sought.
(f) A "full permit" is a solid waste facilities permit obtained pursuant to procedures set forth in Article 3.1 of this Chapter.
(g) A "location map" means a map showing the general location of the operation at a scale size minimally equivalent to 1:24,000 USGS topological quadrangle.
(h) "Operation" means the receipt and processing of solid waste.
(i) "Peak loading" is the largest projected waste/material quantity to be received by an operation on any day of operation.
(j) "Regulatory tier" is a type of regulatory oversight pursuant to procedures set forth in this Article and Article 3.1. Tier types include: excluded, enforcement agency notification, registration permit, standardized permit, and full permit.
(k) A "site map" means a map showing the existing or planned layout of the operations, including, but not limited to, operations areas and their relationships to property boundaries, buffer zones, adjacent land uses, proposed drainage systems, any excavation areas, site access, and any other portions of the site dedicated to a specific use. The site map shall be at a scale size of 1" = 200', and indicate the zoning within 1000', of the facility. Where feasible, structures located on adjacent properties should be identified on the site map or location and distances to the nearest structures shall be included.
(1) A "tiered permit" is a type of solid waste facilities permit obtained pursuant to procedures set forth in Articles 3.0 and 3.1 of this Chapter. A tiered permit is a solid waste facilities permit other than a full permit with reduced application and permit processing requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18102. Excluded Solid Waste Handling.
Operators of excluded operations designated by the minimum standards set forth in Division 7 of this Title are not required to notify the enforcement agency or submit an application for a solid waste facilities permit. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies as an excluded operation or taking any appropriate enforcement action.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code.
s 18103. Enforcement Agency Notification.
(a) The enforcement agency notification provisions of this Article shall apply only to operations as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of this Title.
(b) Sections 18103.1 through 18103.3 establish the requirements for compliance with enforcement agency notification as follows:
(1) Filing Requirements section 18103.1;
(2) Record Keeping Requirements section 18103.2; and
(3) Termination of Operation section 18103.3.
(c) Operations authorized to use the enforcement agency notification tier are required to operate in accordance with the minimum standards set forth in Chapters 3 or 3.1 of Division 7 applicable to that operation.
(d) Nothing in this section precludes the enforcement agency or the board from the following: inspecting an operation to verify that the operation is being conducted in a manner that qualifies for the enforcement agency notification tier; inspecting to verify that the operation is in compliance with the minimum standards; or, taking any appropriate enforcement action, including the use of a 'notice and order.'
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code.
s 18103.1. Filing Requirements.
(a) Any operator proposing to engage in solid waste handling pursuant to an enforcement agency notification shall notify the enforcement agency of its intent to operate in writing prior to commencing operations. This written notification shall be legible and include the following information:
(1) The name, address, and phone number of the proposed operation; the name, address, and phone number where the operator can be contacted if these differ from the operation site; and, the name, address, and phone number of the owner if these differ from the operator.
(2) The section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier and a description of the facility's operations, including but not limited to, volume and hours of wastes/material handled, peak and annual loading, and hours of operation.
(3) Documentation that the operator has notified the local planning department with jurisdiction over the site of its intent to commence operations. Documentation may include, proof of compliance with CEQA, correspondence from the local planning department that compliance with the California Environmental Quality Act is not required for the operation to obtain local land use approval or written notice to the local planning department of the operator's intent to commence operations.
(4) A statement by the owner and operator certifying under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief.
(b) The notification shall be mailed to the enforcement agency "return receipt requested."
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code.
s 18103.2. Record Keeping Requirements.
The enforcement agency shall retain the notification received pursuant to section 18103.1 which shall be publicly available during normal business hours. The enforcement agency shall forward a copy of the notification to the board within five days of receipt. The enforcement agency shall retain a copy of the notification for a minimum of one year after the facility is known to have ceased operations.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code.
s 18103.3. Termination of Operation.
Any person intending to cease operations shall notify the enforcement agency in writing at least 15 days prior to the cessation of operations.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code.
s 18104. Registration Permit.
(a) The registration permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of this Title.
(b) A registration permit shall be deemed to incorporated by reference, as terms and conditions of the permit, all minimum standards applicable to it, as set forth in Chapters 3 or 3.1, of Division 7.
(c) Sections 18104.1 through 18104.9 establish the requirements for a registration permit as follows:
(1) Filing Requirements section 18104.1;
(2) Enforcement Agency Processing Requirements section 18104.2;
(3) Record Keeping Requirements section 18104.3;
(4) Completeness Appeal section 18104.4;
(5) Change in Operation section 18104.5;
(6) Change in Owner section 18104.6;
(7) Permit Review & Reissuance section 18104.7;
(8) Suspend/Revoke section 18104.8, and
(9) Voiding of a Registration Permit section 18104.9.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code.
s 18104.1. Filing Requirements.
Any operator proposing to operate a solid waste facility pursuant to a registration permit shall file an application using form CIWMB 83 "Registration Permit Application" (rev. 12/96) which is incorporated herein by reference, with the enforcement agency which is accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code section 44006(c). (See Appendix A.) This application shall contain the following information:
(a) The name and address of the enforcement agency, and the section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier.
(b) General description of the facility including, but not limited to name, location, site map, and location map.
(c) Facility information, including, but not limited to, volume and type of waste/material; handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area.
(d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner.
(e) Conformance finding information as follows:
(1) Until a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code section 50000; and that the facility is consistent with the city or county General Plan.
(2) After a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction to be identified in any of these elements pursuant to section 50001 of the Public Resources Code.
(f) The owner and operator shall each certify under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code.
s 18104.2. Enforcement Agency Processing Requirements.
(a) Upon receipt of an application filed pursuant to section 18104.1, the enforcement agency shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.
(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18104.1.
(d) If the enforcement agency finds the application is complete and correct pursuant to 18104.1, it shall be accepted for filing and stamped with the date and time of acceptance.
(e) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed form CIWMB 81 "Registration Permit" (rev. 1/95), which is incorporated herein by reference, to the applicant. Form CIWMB 81, along with a copy of the accepted application, must be mailed to the applicant within five days of filing. (See Appendix A.)
(f) The enforcement agency shall provide a copy of the registration permit to the board and to any person who has so requested in writing.
(g) If the enforcement agency finds that the application is not complete and correct pursuant to 18104.1, it shall not be accepted for filing. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant within five days.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18104.3. Record Keeping Requirements.
(a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.
(b) Written public comments on an application shall be retained by the enforcement agency.
(c) The enforcement agency shall forward copies of any written public comments received on an application to the board with the registration permit submitted pursuant to section 18104.2(f).
(d) Subsequent to the transmittal of the registration permit to the board, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the board unless the comment clearly states that a copy has already been provided to the board.
(e) If an application is denied, the enforcement agency shall retain public comments received on that application for a period of 2 years. If a previously denied permit is approved, all comments received shall be forwarded to the board with the copy of the registration permit submitted under subsection (c) above.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18104.4. Completeness Appeal.
If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18104.5. Change in Operation.
A new registration permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18104.6. Change in Owner.
(a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the board within five days of receipt.
(b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 6255, Government Code; and Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18104.7. Permit Review & Reissuance.
(a) Every registration permit shall be reviewed at least once every five years from the date of issuance or reissuance.
(b) The board shall notify the operator and the enforcement agency 60 days before the registration permit is due for review.
(c) No fewer than 35 days before the registration permit is due for review, the operator shall submit either a certification that the information contained in the controlling registration permit is current, or shall file a new application pursuant to section 18194.1.
(d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to section 18104.1, the enforcement agency shall follow the procedures set forth in sections 18104.2 and 18104.3.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code.
s 18104.8. Suspend/Revoke.
Any registration permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Article 2, Chapter 4 of the Public Resources Code (section 44305 et seq .).
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources Code.
s 18104.9. Voiding of a Registration Permit.
Every registration permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the board within 7 days. "Cessation of operations" does not include temporary operational shutdowns which are seasonal or intermittent in nature.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18105. Standardized Permit.
(a) The standardized permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of the Title.
(b) A standardized permit obtained pursuant to this Article shall contain only those terms and conditions applicable to the type of facility receiving it as set out in the minimum standards for that type of facility.
(c) Sections 18105.1 through 18105.11 establish the requirements for a standardized permit as follows:
(1) Filing Requirements section 18105.1;
(2) Enforcement Agency Processing Requirements section 18105.2;
(3) Record keeping Requirements section 18105.3;
(4) Completeness Appeal section 18105.4;
(5) Board Processing Requirements section 18105.5;
(6) Appeal of Decision section 18105.6;
(7) Change in Operation section 18105.7;
(8) Change in Owner section 18105.8;
(9) Permit Review section 18105.9;
(10) Suspend/Revoke section 18105.10; and
(11) Voiding of a Standardized Permit section 18105.11.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18105.1. Filing Requirements.
Any operator proposing to operate a solid waste facility eligible for a standardized permit shall file an application in duplicate with the enforcement agency which is accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code section 44006(c). This application shall contain the following information:
(a) The name and address of the enforcement agency, and the section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier.
(b) General description of the facility including, but not limited to name, location, site map, and location map.
(c) Facility information, including, but not limited to, volume and types of waste/material handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area.
(d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner.
(e) A Report of Facility Information that contains all of the information required by the applicable section(s) of Article 3.2, Chapter 5, of this Division.
(f) One of the following:
(1) Evidence that there has been compliance with the California Environmental Quality Act, Division 13 (commencing with section 21000) of the Public Resources Code, regarding the facility; or,
(2) Information on the status of the application's compliance with the California Environmental Quality Act regarding the facility. Once there has been compliance with the California Environmental Quality Act regarding the facility, evidence of compliance shall be submitted to the enforcement agency.
(g) Conformance finding information as follows:
(1) Until a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code section 50000; and that the facility is consistent with the city or county General Plan.
(2) After a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction in which it is located; or, that the facility is not required to be identified in any of these elements pursuant to section 50001 of the Public Resources Code.
(h) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code.
s 18105.2. Enforcement Agency Processing Requirements.
(a) Upon receipt of an application filed pursuant to section 18105.1, the enforcement agency shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.
(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18105.1.
(d) If the enforcement agency finds the application is complete and correct pursuant to 18105.1(a-e) and (g-h), it shall be accepted for filing.
(e) The application shall be stamped with the date and time of acceptance.
(f) If the enforcement agency finds that the application is not complete and correct pursuant to 18105.1(a-e) and (g-h), it shall not be accepted for filing. A copy of the rejected application accompanied by explanation shall be mailed to the applicant within five days.
(g) Within fifteen days of acceptance of an application for filing:
(1) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized permit terms and conditions.
(2) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (g)(1) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the board. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the board. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has so requested in writing.
(3) If the enforcement agency finds that the application or facility do not meet the requirements set forth in subdivision (g)(1) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant.
(h) If evidence of compliance with the California Environmental Quality Act, as required by section 18105.1(f), has not been submitted within 15 days of acceptance of the application as complete, then the decision required by section 18105.2(g) shall be held in abeyance until compliance with this requirements has been demonstrated. Unless waived by the applicant pursuant to Public Resources Code section 44008, if evidence of compliance with the California Environmental Quality Act has not been submitted within 120 days of the application's acceptance for filing, the enforcement agency shall reject the application and not issue the standardized permit.
(i) Once the board has concurred in the issuance of the proposed standardized permit, pursuant to section 18105.5, the enforcement agency shall issue the standardized permit.
(j) If the board objects to the proposed standardized permit, the enforcement agency shall notify the applicant in writing of the board's decision, and the reasons for that decision, within five days of receipt of that decision.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code.
s 18105.3. Record Keeping Requirements.
(a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours.
(b) Written public comments on an application shall be retained by the enforcement agency.
(c) The enforcement agency shall forward copies of any written public comments received on a pending application to the board with the proposed standardized permit submitted pursuant to section 18105.2(g).
(d) Subsequent to the transmittal of the proposed standardized permit, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the board, unless the comment clearly states that a copy has already been provided to the board. (continued)