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(continued)
(e) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under Health and Safety Code sections 25186, 25187, 25189.3 or 25200.8. If an applicant does not respond to three or more notices of deficiency regarding the same or different deficiencies or responds with substantially incomplete or substantially unsatisfactory information on three or more occasions, the Department shall initiate proceedings to deny the permit application in accordance with the requirements of this chapter. This section does not preclude the Department from initiating permit denial proceedings prior to sending three notices of deficiency.
(f) If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Department shall notify the applicant and a date shall be scheduled.
(g) The effective date of an application is the date on which the Department notifies the applicant that the application is complete as provided in subsection (c) of this section.
(h) For each application from a major new HWM facility the Department shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Department intends to:
(1) prepare a draft permit;
(2) give public notice;
(3) complete the public comment period, including any public hearing; and
(4) issue a final permit.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 2, Government Code, Sections 25159, 25159.5, 25186, 25187, 25189.3, 25199.6, 25200, and 25200.8, Health and Safety Code; 40 CFR Section 124.3.





s 66271.4. Request for Modification, Revocation and Reissuance, or Revocation of Permits.
(a) Permits may be modified, revoked and reissued, or revoked either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or revoked for the reasons specified in section 66270.41 or 66270.43 or Health and Safety Code section 25186. All requests shall be in writing and shall contain facts or reasons supporting the request.
(b) If the Department decides the request is not justified, the Department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or revocation are not subject to public notice, comment, or hearings.
(c)(1) If the Department tentatively decides to modify or revoke and reissue a permit under section 66270.41 or 66270.42(c), the Department shall prepare a draft permit under section 66271.5 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.
(2) In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shallcomply with all conditions of the existing permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined in sections 66270.42(a) and (b) are not subject to the requirements of this section.
(d) All draft permits prepared under this section shall be based on the administrative record as defined in section 66271.8.
(e) If the Department decides to revoke a permit, it shall initiate adjudicatory proceedings under the Administrative Procedure Act (Gov. Code s 11500 et seq.) by serving an Accusation on the holder of the permit.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25286.1 and 25200, Health and Safety Code; 40 CFR Section 124.5.





s 66271.5. Draft Permits.
(a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.
(b) If the Department tentatively decides to deny the permit application, the Department shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See subsection (d) of this section. If the Department's final decision (see section 66271.14) is that the tentative decision to deny the permit application was incorrect, the Department shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection (c) of this section.
(c) If the Department decides to prepare a draft permit, it shall prepare a draft permit that contains the following information:
(1) all conditions under sections 66270.30 and 66270.32;
(2) all compliance schedules under section 66270.33;
(3) all monitoring requirements under section 66270.31; and
(4) standards for transfer, treatment, storage, and/or disposal and other permit conditions under section 66270.30.
(d) All draft permits prepared under this section shall be accompanied by a statement of basis (section 66271.6) or fact sheet (section 66271.7), and shall be based on the administrative record (section 66271.8), publicly noticed (section 66271.9) and made available for public comment (section 66271.10). The Department shall give notice of opportunity for a public hearing (section 66271.11), issue a final decision (section 66271.14) and respond to comments (section 66271.16). An appeal may be taken under section 66271.18. Draft permits shall be accompanied by a fact sheet if required under section 66271.7.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.6.





s 66271.6. Statement of Basis.
The Department shall prepare a statement of basis for every draft permit for which a fact sheet under section 66271.7 is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny, reasons supporting the tentative decision. The statement of basis shall be sent to the applicant and, on request, to any other person.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1 and 25200, Health and Safety Code; 40 CFR Section 124.7.





s 66271.7. Fact Sheet.
(a) A fact sheet shall be prepared for every draft permit for a major HWM facility, and for every draft permit which the Department finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.
(b) The fact sheet shall include, when applicable:
(1) a brief description of the type of facility or activity which is the subject of the draft permit;
(2) the type and quantity of wastes, fluids, or pollutants which are proposed to be or are being transferred, treated, stored, disposed of, injected, emitted, or discharged;
(3) a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by section 66271.8;
(4) reasons why any requested variances or alternatives to required standards do or do not appear justified;
(5) a description of the procedures for reaching a final decision on the draft permit including:
(A) the beginning and ending dates of the comment period under section 66271.9 and the address where comments will be received;
(B) procedures for requesting a hearing and the nature of that hearing; and
(C) any other procedures by which the public may participate in the final decision;
(6) name and telephone number of a person to contact for additional information.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.8.





s 66271.8. Administrative Record for Draft Permits.
(a) The provisions of a draft permit prepared under section 66271.5 shall be based on the administrative record as defined in this section.
(b) For preparing a draft permit under section 66271.5, the record shall consist of:
(1) the application, if required, and any supporting data furnished by the applicant;
(2) the draft permit or notice of intent to deny the application;
(3) the statement of basis (section 66271.6) or fact sheet (section 66271.7);
(4) all documents cited in the statement of basis or fact sheet; and
(5) other documents contained in the supporting file for the draft permit.
(c) Material readily available at the Department or published material that is generally available, and that is included in the administrative record under subsection (b) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety; 40 CFR Section 124.9.





s 66271.9. Public Notice of Permit Actions and Public Comment Period.
(a) Scope.
(1) The Department shall give public notice that the following actions have occurred:
(A) a permit application has been tentatively denied under section 66271.5(b);
(B) a draft permit has been prepared under section 66271.5(c);
(C) a hearing has been scheduled under section 66271.11; or
(D) an appeal has been granted under section 66271.18(b).
(2) No public notice is required when a request for permit modification, revocation and reissuance, or revocation is denied under section 66271.4(b). Written notice of that denial shall be given to the requester and to the permittee.
(3) Public notices may describe more than one permit or permit action.
(b) Timing.
(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under subsection (a) of this section shall allow at least 45 days for public comment.
(2) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
(c) Methods. Public notice of activities described in subsection (a)(1) of this section shall be given by the following methods:
(1) by mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive his or her rights to receive notice for any classes and categories of permits):
(A) the applicant;
(B) any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity (including USEPA);
(C) federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States;
(D) persons on a mailing list developed by:
1. including those who request in writing to be on the list;
2. soliciting persons for "area lists" from participants in past permit proceedings in that area; and
3. notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as USEPA Region IX and State-funded newsletters, environmental bulletins, or State law journals; (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.)
(E) any unit of local government having jurisdiction over the area where the facility is proposed to be located, and each State agency having any authority under State law with respect to the construction or operation of such facility;
(2)(A) for major permits, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;
(B) for all permits, publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;
(3) any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(d) Contents. (1) All public notices. All public notices issued under this chapter shall contain the following minimum information:
(A) name and address of the office processing the permit action for which notice is being given;
(B) name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(C) a brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
(D) name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit , statement of basis or fact sheet, and the application; and
(E) a brief description of the comment procedures required by sections 66271.10 and 66271.11 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;
(F) the location of the administrative record required by section 66271.8, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;
(G) any additional information considered necessary or proper.
(2) Public notices for hearings. In addition to the general public notice described in subsection (d)(1) of this section, the public notice of a hearing under section 66271.11, shall contain the following information:
(A) reference to the date of previous public notices relating to the permit;
(B) date, time, and place of the hearing; and
(C) a brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
(e) In addition to the general public notice described in subsection (d)(1) of this section, all persons identified in subsections (c)(1)(A), (B), and (C) of this section shall be mailed a copy of the fact sheet or statement of basis, the permit application, and the draft permit.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.10.





s 66271.10. Public Comments and Requests for Public Hearings.
During the public comment period provided under section 66271.9, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in section 66271.16.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.11.





s 66271.11. Public Hearings.
(a)(1) The Department shall hold a public hearing whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit(s).
(2) The Department may also hold a public hearing at the Department's discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.
(3)(A) The Department shall hold a public hearing whenever the Department receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under section 66271.9(b)(1).
(B) Whenever possible the Department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility.
(4) Public notice of the hearing shall be given as specified insection 66271.9.
(b) Whenever a public hearing will be held, the Department shall designate a Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.
(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under section 66271.9 shall automatically be extended to the close of any public hearing under this section. The Department may also extend the comment period by so stating at the hearing.
(d) A tape recording or written transcript of the hearing shall be made available to the public.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.12.





s 66271.12. Obligation to Raise Issues and Provide Information During the Public Comment Period.
All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period (including any public hearing) under section 66271.9. All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or Federal statutes and regulations, Department or USEPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to the Department as directed by the Department. A comment period longer than 45 days may be necessary to give commenters a reasonable opportunity to comply with the requirements of this section. Additional time shall be granted under section 66271.9 to the extent that a commenter who requests additional time demonstrates the need for such time.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.13.





s 66271.13. Reopening of the Public Comment Period.
(a)(1) The Department may order the public comment period reopened if the procedures of this subsection could expedite the decisionmaking process. When the public comment period is reopened under this subsection, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application or prepare a draft permit is inappropriate, shall submit all reasonably available factual grounds supporting their position, including all supporting material, by a date, not less than sixty days after public notice under subsection (a)(2) of this section, set by the Department. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than twenty days after the date set for filing of the material, set by the Department.
(2) Public notice of any comment period under this subsection shall identify the issues which the requirements of section 66271.13(a) shall apply.
(3) On the Department's own motion or on the request of any person, the Department may direct that the requirements of subsection (a)(1) of this section shall apply during the initial comment period where it reasonably appears that issuance of the permit will be contested and that applying the requirements of subsection (a)(1) of this section will substantially expedite the decisionmaking process. The notice of the draft permit shall state whenever this has been done.
(4) A comment period of longer than 60 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under section 66271.9 to the extent they appear necessary.
(b) If any data, information or arguments submitted during the public comment period, including information or arguments required under section 66271.12, appear to raise substantial new questions concerning a permit, the Department may take one or more of the following actions:
(1) prepare a new draft permit, appropriately modified, under section 66271.5;
(2) prepare a revised statement of basis under section 66271.6, a fact sheet or revised fact sheet under section 66271.7 and reopen the comment period under section 66271.13; or
(3) reopen or extend the comment period under section 66271.9 to give interested persons an opportunity to comment on the information or arguments submitted.
(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening.The public notice under section 66271.9 shall define the scope of the reopening.
(d) Public notice of any of the above actions shall be issued under section 66271.9.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.14.





s 66271.14. Issuance and Effective Date of Permit.
(a) After the close of the public comment period under section 66271.9 on a draft permit, the Department shall issue a final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under section 66270.29.) Final permit decisions shall be made and noticed in accordance with the provisions of Health and Safety Code section 25199.6 and chapter 4.5 (commencing with section 65920) of division 1 of Title 2 of the Government Code. The Department shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, or revoke and reissue a permit.
(b) A final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under section 66270.29) shall become effective 30 days after the service of notice of the decision unless:
(1) a later effective date is specified in the decision; or
(2) review is requested under section 66271.18; or
(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1 and 25200, Health and Safety Code; 40 CFR Section 124.15.






s 66271.15. Stays of Contested Permit Conditions.
(a) Stays. (1) If a request for review of a permit is granted, the effect of the contested permit conditions shall be stayed and shall not be subject to judicial review pending final Department action. If the permit involves a new facility, the applicant shall be without a permit for the proposed new facility.
(2) Uncontested conditions which are not severable from those contested shall be stayed together with the contested conditions. Stayed provisions of permits for existing facilities shall be identified by the Department. All other provisions of the permit for the existing facility shall remain fully effective and enforceable.
(b) Stays based on cross effects. A stay may be granted based on the grounds that an appeal to the Department under section 66271.18 of one permit may result in changes to another permit only when each of the permits involved has been appealed to the Department and the Department has accepted each appeal.
(c) Any facility or activity holding an existing permit shall:
(1) comply with the conditions of that permit during any modification or revocation and reissuance proceeding under section 66271.4; and
(2) to the extent conditions of any new permit are stayed under this section, comply with the conditions of the existing permit which correspond to the stayed conditions, unless compliance with the existing conditions would be technologically incompatible with compliance with other conditions of the new permit which have not been stayed.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.16.





s 66271.16. Response to Comments.
(a) At the time that any final permit decision is issued under section 66271.14, the Department shall issue a response to comments. This response shall:
(1) specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(2) briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.
(b) Any documents cited in the response to comments shall be included in the administrative record for the final permit decision as defined in section 66271.17. If new points are raised or new material supplied during the public comment period, the Department may document its response to those matters by adding new materials to the administrative record.
(c) The response to comments shall be available to the public.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.17.





s 66271.17. Administrative Record for Final Permit.
(a) The Department shall base final permit decisions under section 66271.14 on the administrative record defined in this section.
(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:
(1) all comments received during the public comment period provided under section 66271.9 (including any extension or reopening under section 66271.13);
(2) the tape or transcript of any hearing(s) held under section 66271.11;
(3) any written materials submitted at such a hearing;
(4) the response to comments required by section 66271.16 and any new material placed in the record under that section;
(5) other documents contained in the supporting file for the permit; and
(6) the final permit.
(c) The additional documents required under subsection (b) of this section shall be added to the record as soon as possible after their receipt. The record shall be complete on the date the final permit is issued.
(d) This section applies to all final permits when the draft permit was subject to the administrative record requirements of section 66271.8.
(e) Material readily available at the Department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of section 66271.16 ( "Response to comments"), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.18.





s 66271.18. Appeal of Decisions to Grant, Issue, Modify, or Deny Permits.
(a) Within 30 days after a final permit decision [or a decision under section 66270.29 to deny a permit for the active life of a hazardous waste management facility or unit] has been issued under section 66271.14, any person who filed comments on that draft permit or participated in the public hearing may petition the Department to review any condition of the permit decision. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition for administrative review only to the extent of the changes from the draft to the final permit decision. Any person may petition the Department to review any condition of a temporary authorization under section 66270.42(f). The 30-day period within which a person may request review under this section begins with the service of notice of the Department's action unless a later date is specified in that notice. The petition shall include a statement of the reasons supporting that review, including a demonstration that any issues being raised were raised during the public comment period (including any public hearing) to the extent required by these regulations and when appropriate, a showing that the condition in question is based on:
(1) a finding of fact or conclusion of law which is clearly erroneous, or
(2) an exercise of discretion or an important policy consideration which the Department should, in its discretion, review.
(b) The Department may also decide on its initiative to review any condition of any permit issued under this chapter. The Department shall act under this subsection within 30 days of the service date of notice of the Department's action.
(c) Within a reasonable time following the filing of the petition for review, the Department shall issue an order either granting or denying the petition for review. Public notice of any grant of review by the Department under subsection (a) of this section shall be given as provided in section 66271.9. Public notice shall set forth a briefing schedule for the appeal and shall state that any interested person may file a written argument. Notice of denial of review shall be sent only to the person(s) requesting review.
(d) When a review has been initiated pursuant to subsection (a) or (b) of this section, the order denying review or the decision on the merits shall constitute the Department's final permit decision, and shall be effective on the date of mailing of the order denying review or decision on the merits.
(e) A final permit decision on a petition to the Department under subsection (a) of this section is a prerequisite to seeking judicial review of the Department's decision.
(f) If a permit decision is pending on the date this section is amended to eliminate a hearing under the Administrative Procedure Act, this section shall be applied as follows:
(1) If a Statement of Issues or Accusation was issued prior to the effective date of the amendment, the proceeding shall continue under the regulation in effect when the Administrative Procedure Act proceeding was initiated.
(2) If a Statement of Issues or Accusation has not been issued prior to the effective date of the amendment, the proceeding shall be governed by the amended regulation.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1 and 25200, Health and Safety Code; 40 CFR Section 124.19.





s 66271.19. Appeal of Decisions to Suspend and/or Revoke Permits.
(a) A decision to suspend and/or revoke a permit shall be initiated by serving the holder of the permit with a temporary suspension order and/or accusation.
(b) Proceedings shall be conducted as provided by HSC sections 25186.1 and 25186.2 and the Administrative Procedure Act, Government Code section 11500 et seq.
(c) If the permit holder fails to request a hearing by filing a notice of defense within 15 days after being served with an accusation, the Department shall take final action by issuing an order revoking the permit.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2, Government Code; and Sections 25186, 25186.1 and 25186.2, Health and Safety Code.





s 66271.20. Appeal of Decision on Class of Modification.
(a) The Department's decision on whether a permit modification is Class 1, 2 or 3 pursuant to section 66270.42(d) or 66270.42.5(e) or (f) shall be made in writing and may be appealed only by the person who requested the modification.
(b) Within fifteen (15) days after the date of receipt of the written decision on the classification of a permit modification, the person who requested the modification may petition the Department to review the decision, pursuant to section 66271.18. The petition shall be in writing and shall include a statement of the reasons supporting a different classification.

Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200.15, Health and Safety Code.





s 66271.21. Computation of Time.
(a) Any time period scheduled to begin on the occurrence of an act or event shall begin on the day after the act or event.
(b) Any time period scheduled to begin before the occurrence of an act or event shall be computed so that the period ends on the day before the act or event.
(c) If the final day of any time period falls on a weekend or legal holiday, the time period shall be extended to the next working day.
(d) Whenever a party or interested person has the right or is required to act within a prescribed period after the service of notice or other paper upon that party or person by mail, three days shall be added to the prescribed time.

Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.20.





s 66271.31. Pre-application Public Meeting and Notice.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial RCRA permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit modification under 40 CFR, section 270.42. The requirements of this section do not apply to permit modifications under section 66270.42 or to applications when either are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Prior to the submission of a part B RCRA permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with a list of attendees and their addresses developed under subsection (b) of this section, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the part B application, in accordance with section 66270.14(b).
(d) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Department upon request, documentation of the notice.
(1) The applicant shall provide public notice in all of the following forms:
(A) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subsection (d)(2) of this section, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Director shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Director determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.
(B) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subsection (d)(2) of this section. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.
(C) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subsection (d)(2) of this section, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Director.
(D) A notice to the Department. The applicant shall send a copy of the newspaper notice to the permitting agency and to the appropriate units of State and local government, in accordance with section 66271.9(c)(1)(E).
(2) The notices required under subsection (d)(1) of this section must include:
(A) The date, time, and location of the meeting;
(B) A brief description of the purpose of the meeting;
(C) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
(D) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
(E) The name, address, and telephone number of a contact person for the applicant.

Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.31.





s 66271.32. Public Notice Requirements at the Application Stage.
(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial RCRA permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units under section 66270.51. The requirements of this section do not apply to permit modifications under section 66270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The Director shall provide public notice as set forth in section 66271.9(c)(1)(D), and notice to appropriate units of State and Local government as set forth in section 66271.9(c)(1)(E), that a part B permit application has been submitted to the Department and is available for review.
(2) The notice shall be published within a reasonable period of time after the application is received by the Director. The notice must include:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the Department's office charged with issuance of the permit, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
(C) An address to which people can write in order to be put on the facility mailing list;
(D) The location where copies of the permit application and any supporting documents can be viewed and copied;
(E) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and
(F) The date that the application was submitted.
(c) Concurrent with the notice required under section 66271.32(b) of this article, the Director shall place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department office charged with the issuance of the permit.

Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.32.





s 66271.33. Information Repository.
(a) Applicability. The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management units.
(b) For facilities applying for or operating under RCRA permits, the Director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Director shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Director determines, at any time after submittal of a permit application, that there is a need for a repository, then the Director shall notify the facility that it must establish and maintain an information repository. (See section 66270.30(m) for similar provisions relating to the information repository during the life of a permit).
(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the Director to fulfill the purposes for which the repository is established. The Director shall have the discretion to limit the contents of the repository.
(d) The information repository shall be located and maintained at a site chosen by the facility. If the Director finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Director shall specify a more appropriate site.
(e) The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
(f) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Director. The Director may close the repository at his or her discretion, based on the factors in subsection (b) of this section.

Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.33.





s 66272.1. Inspections.
(a) The Director or any duly authorized representative of the Department may, at any reasonable hour of the day, do any of the following:
(1) enter a factory, plant, construction site, waste disposal site, transfer facility, establishment or any other area, place or environment where wastes are stored, handled, treated, processed, disposed of, or treated to recover resources, inspect the premises and gather evidence on existing conditions and procedures;
(2) carry out any sampling activities necessary to carry out chapter 6.5, commencing with section 25100, of division 20 of the Health and Safety Code, including obtaining samples from any individual or taking samples from the property of any person or from any vehicle which any authorized representative of the department or a local health officer reasonably believes has transported or is transporting hazardous waste. However, upon request, split samples shall be given to the person from whom, or from whose property or vehicle, the samples were obtained;
(3) stop and inspect any vehicle reasonably suspected of transporting hazardous wastes when accompanied by a uniformed police officer in a clearly marked vehicle;
(4) conduct tests, analyses and evaluations to determine whether the waste is hazardous waste or whether the requirements of chapter 6.5 of division 20 of the Health and Safety Code are met;
(5) photograph any waste, waste container, waste container label, vehicle, waste treatment process, waste disposal site, or condition constituting a violation of law found during an inspection;
(6) inspect and copy any records, reports, test results, or other information required to carry out chapter 6.5 of division 20 of the Health and Safety Code.
(b) During the inspection, the inspector shall comply with all reasonable security, safety and sanitation measures. In addition, the inspector shall comply with reasonable precautionary measures specified by the operator.
(c) A report listing any violations found during the inspection shall be prepared by the inspector and shall be kept on file in the Department. A copy of the report shall be provided to the operator.
(d) If corrections are needed, the operator shall provide to the Department, as directed, a written plan of correction which states the actions to be taken and the expected dates of completion.
(e) Upon request of the inspector, the operator of the facility being inspected shall retain evidence as instructed by the inspector for a period not to exceed 30 days.

Note: Authority cited: Sections 208, 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan # 1 of 1991. Reference: Sections 25150, 25185 and 25187.7, Health and Safety Code.





s 66272.10. Designation of Enforcement Authority.
(a) The Department may designate a local public officer to enforce the standards and regulations adopted by the Department pursuant to section 25150 of the Health and Safety Code if it is demonstrated to the satisfaction of the Department that:
(1) the prospective designee has appropriate jurisdiction and competency, facilities and personnel to perform the functions specified by the Department; and
(2) other activities of the governmental entity which the prospective designee represents will not compromise the designee's ability to enforce those regulations equitably and effectively.
(b) The Department may designate a local public officer to enforce all requirements of this division if it is demonstrated to the satisfaction of the Department that:
(1) the prospective designee can meet the requirements cited in (a) above;
(2) the prospective designee has countywide jurisdiction;
(3) the governmental entity which the prospective
designee represents does not operate a hazardous waste facility;
(4) the prospective designee's personnel are qualified to the satisfaction of the Department;
(5) the prospective designee's laboratory support is adequate to determine whether wastes contain hazardous materials;
(6) the prospective designee's personnel will be able to provide adequate reviews, inspections, and monitoring of hazardous waste and enforcement of the requirements of this division.
(c) The Department shall not authorize a local public officer to enforce any requirement of this division if such person does not meet the requirements specified in (a) above.
(d) The Department shall not authorize a local public officer to enforce all requirements of this division if such person does not meet the requirements specified in (b) above.

Note: Authority cited: Section 25150 and 25187.7, Health and Safety Code. Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Sections 25180 and 25187.7, Health and Safety Code.





s 66272.20. Rewards for Informants.
(a) An application for reward under the provisions of section 25191.7 of the Health and Safety Code shall be submitted to the Department or the county not later than 60 days after a final judgment has been entered or 60 days after the period for appeal of a judgment has expired.
(b) An application for a reward to be paid by the Department pursuant to section 25191.7(a) of the Health and Safety Code shall be filed on a form provided by the Department (DHS 8073, revised 6/83) and shall be signed with the applicant's name.
(c) The Department and counties shall not disclose the names of informants or reward applicants unless such names are otherwise publicly disclosed, as part of a judicial proceeding.

Note: Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code and Sections 6254 and 6255, Government Code.





s 66272.30. Award and Payment of Reward Claims.
(a) In determining whether the applicant supplied information that materially contributed to the imposition of judgments against persons for violations specified in section 25191.7 of the Health and Safety Code, the Department or the county shall consider, but shall not be limited to considering the following factors:
(1) the validity of the information;
(2) the nature and extent of detail supplied, including, as available, dates, times, places, names, and other details;
(3) the date and time of receipt of the information;
(4) information regarding the reported violation(s) possessed by the Department or the county prior to receipt of the applicant's information; (continued)