CCLME.ORG - DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES  SUBDIVISION 4. STATE DELEGATION  PART II. OPERATIONS  ARTICLE 10. BUSINESS REPORTING TO CUPAS  Appendix C
http://www.cclme.org

DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES  SUBDIVISION 4. STATE DELEGATION  PART II. OPERATIONS  ARTICLE 10. BUSINESS REPORTING TO CUPAS  Appendix C
2-CCR27div01.txt - CCR - 10/10/2006 0:00:00 - Regulation - CA

 Download << First Page < Previous Page Next Page > Last Page >>
Loading (50 kb)...'
(continued)


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71022, Public Resources Code.







s 10205. Participating Permit Agencies.
(a) Upon being notified of the meeting required by Section 71022 of the Public Resources Code, the participating permit agency is responsible for participating in the initial meeting
(b) At the meeting, representative of the participating permit agency shall identify to the applicant any required permits that the participating permit agency requires for the project. The participating permit agency representative will then ensure that the required permit applications and guidance documents are supplied to the applicant.
(c) Each participating permit agency shall retain its authority to make all decisions with regard to the determination of the participating permit agency's permit as per section 71021(d) of the Public Resources Code. This authority includes decisions regarding modifications, renewals, and revocations of permits. Thus, the participating permit agency can issue its permit decision at any time during the consolidated permit process.
(d) Upon making a permit decision for the project, the participating permit agency shall send a copy of the permit decision, including a copy of any environmental permits issued for the project, to the consolidated permit agency for incorporation by the consolidated permit agency into the final consolidated permit document.
(e) A participating permit agency is only removed from the consolidated permit process when either of the following occurs;
(1) The participating permit agency is removed from the consolidated permit process at the request of the applicant pursuant to Section 71023(b) of the Public Resources Code; or

(2) when the participating permit agency has completed both of the following;
A. has responded to any public comments received during the Public Review and Participation Section (c); and,
B. the participating permit agency issues its permit decision.
C. the participating permit agency has provided all written comments received, any responses to those comments, and its permit decision to the consolidated permit agency.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71021, 71022, 71023, 71024 and 71025, Public Resources Code.







s 10206. Public Review and Participation.
A summary of all decisions made pursuant to the consolidated permit for the project shall be made available for public review and comment upon the filing of the consolidated permit application form or the permit applications.
(a) The consolidated permit agency shall make the summary available for public review and comment by the following methods:
(1) Mailing a copy of the summary to the following persons:
A. the applicant;
B. any other agency which has issued or is issuing a permit for the same project or activity; and
C. any other interested parties.
(2) Copies available at the offices of the consolidated permit agency and all participating permit agencies.
(3) Issuing a public notice of the summary. The public notice shall include;
A. Name of the applicant;
B. Location of the project;
C. Brief description of the project;
D. The name and address of the consolidated permit agency;
E. Procedure for the public to get a copy of the summary; and
F. Any additional information deemed necessary by the consolidated permit agency.
(b) The public will have 30 days from the date that the public notice is issued to send comments concerning the summary to the consolidated permit agency.
(c) The consolidated permit agency shall respond to all public comments about the summary within 30 days of receipt.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71022, Public Resources Code.







s 10207. Withdrawal of Permit Application.
(a) The permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request, at any time until the consolidated permit is issued, that the process be terminated.
(1) Within 15 working days of receiving the request to withdraw, the consolidated permit agency shall notify the Secretary and each participating permit agency in writing that a consolidated permit is no longer applicable to the project.

(2) The consolidated permit agency shall notify the applicant within 60 days of any costs incurred on the project while carrying out the services as a consolidated permit agency.
(b) Withdrawal of a participating permit agency at the applicant's request. The permit applicant may submit a written request to the consolidated permit agency that the permit applicant wishes a participating permit agency to withdraw from participation on the basis of a reasonable belief that the issuance of a consolidated permit would be accelerated if the participating permit agency withdraws.
(1) The request to remove a participating permit agency shall consist of the following:
A. Name of the applicant;
B. Location of the project;
C. Name of the participating permit agency to be withdrawn from the consolidated permit process; and

D. The reason that the applicant believes that the removal of the participating permit agency from the consolidated permit process will accelerate the issuance of the consolidated permit.
(2) Upon receiving the request to remove the participating permit agency, the consolidated permit agency shall review the request and do one of the following;
A. If the consolidated permit agency agrees with the applicants request, the consolidated permit agency shall notify the applicant and the participating agency in writing, within 15 working days that the participating permit agency has been removed from the consolidated permit process. The removed participating permit agency's permit will no longer be a part of the consolidated permit.
B. If the consolidated permit agency disagrees with the removal request, the consolidated permit agency shall respond, in writing to the applicant within 15 working days, stating the reasons why the consolidated permit agency will not approve the removal request.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71023, Public Resources Code.







s 10208. Fees.
(a) A consolidated permit agency may charge and collect additional fees pursuant to 71026 of the Public Resources Code.
(b) In the event that the consolidated permit process is terminated prior to the issuance of a consolidated permit, the consolidated permit agency may charge a fee to recover the costs incurred in executing the duties of the consolidated permit agency prior to the termination of the process.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71026, Public Resources Code.







s 10209. Petitions for Review.
The permit applicant may petition for review of an environmental agency action in issuing, denying, or amending an environmental permit, or any portion of a consolidated permit agency permit.
(a) The petition shall be submitted by the permit applicant to the consolidated permit agency or the participating permit agency having jurisdiction over that portion of the consolidated permit and shall be processed in accordance with the procedures of that environmental agency.
(1) if the consolidated permit agency receives a petition for review of another agency's permit decision, the consolidated permit agency shall forward the petition to the participating permit agency that has jurisdiction over that portion of the consolidated permit within 5 working days of receipt of the petition.
(2) the petition shall be processed in accordance with the procedures of the environmental agency that has jurisdiction for that portion of the consolidated permit being appealed.
(b) The environmental agency receiving the petition shall, within 30 days, notify the other environmental agencies participating in the original consolidated permit.
(c) The petition shall include a statement of the reasons supporting that review and any other requirements of that environmental agency.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71027, Public Resources Code.







s 10210. Amendments and Modifications.
10210(a) A permit applicant may petition a participating permit agency for an amendment or modification to that agency's permit application. The participating permit agency will contact the consolidated permit agency within 15 days of receiving the petition and inform the consolidated permit agency of the content of the petition. If an applicant chooses to petition, the petition must be filed with the participating permit agency before any of the permit decisions are made and the permits for the project are granted.
(b) If the consolidated permit agency believes that the requested amendment or modification will cause other agencies participating in the consolidated permit process to modify their actions and permit processing time limits agreed upon at the initial meeting, the consolidated permit agency shall reconvene a meeting of the effected participating permit agencies within 15 days of discovering the problem. The requirements to amend or modify a permit application shall be in accordance with the procedures of the consolidated permit agency or participating agency that has jurisdiction over the portion of the consolidated permit application or component application being amended or modified.
TABLE 1

SUMMARY OF CHAPTER 3, ARTICLE 1,

ENVIRONMENTAL PERMIT TIMELINES

-------------------------------------------------------------------------------
Note: This table provides general summary information only; see appropriate
section of the text for regulatory language and conditions of applicability.
-------------------------------------------------------------------------------
DEPARTMENT PERMIT/ SECTION TIME TO
PROCESS
AUTHORIZATION PERMITS
-------------------------------------------------------------------------------
Department of Toxic Hazardous Waste Facility 10300(b) 1 Year
Permit
Substances Control (responible agency for land
disposal facility project)
-------------------------------------------------------------------------------
Department of Toxic Hazardous Waste Facility 10300(c) 180 Days
Permit
Substances Control (responible agency for
non-land
disposal facility project)
-------------------------------------------------------------------------------
Department of Toxic Lead agency for development 10300(d)- 1.5 Years
,(e)
Substances Control project requiring EIR
-------------------------------------------------------------------------------
Department of Toxic Lead agency for development 10300(f)- 195 Days
,(g)
Substances Control project requiring NEG DEC
-------------------------------------------------------------------------------
Department of Toxic Hazardous Waste Hauler 10300(h) 14 Days
Substances Control Registration
-------------------------------------------------------------------------------
Department of Toxic Variances 10300(i)- 180 Days
,(j)
Substances Control
-------------------------------------------------------------------------------
Department of Qualified Applicator 10301(a) 100 Days
Certificate
Pesticide Regulation
-------------------------------------------------------------------------------
Department of Agricultural Pest Control 10301(b) 100 Days
Pesticide Regulation Advisier License
-------------------------------------------------------------------------------
Department of Agricultural Pest Control 10301(c) 60 Days
Pesticide Regulation Advisier License Renewal
-------------------------------------------------------------------------------
Department of Qualified Applicator License 10301(d) 90 Days
Pesticide Regulation
-------------------------------------------------------------------------------
Department of Designated Agent License 10301(e) 90 Days
Pesticide Regulation
-------------------------------------------------------------------------------
Department of Designated Agent License 10301(f) 30 Days
Renewal
Pesticide Regulation
-------------------------------------------------------------------------------
Department of Pest Control Pilots License 10301(g) 30 Days
Pesticide Regulation
-------------------------------------------------------------------------------
Department of Pest Control Pilots License 10301(h) 30 Days
Pesticide Regulation Renewal
-------------------------------------------------------------------------------
Department of Accreditation of Continued 10301(i) 30 Days
Pesticide Regulation Education Instruction
-------------------------------------------------------------------------------
Department of Certifiate of Registration 10301(j) 150 Days
for
Pesticide Regulation Economic Poisons for New
Active
Ingredient
-------------------------------------------------------------------------------
Department of Certifiate of Registration 10301(k) 90 Days
for
Pesticide Regulation Economic Poisons for New
Product
Ingredient
-------------------------------------------------------------------------------
Department of Certifiate of Registration 10301(l) 60 Days
for
Pesticide Regulation Economic Poisons for Renewal
Ingredient
-------------------------------------------------------------------------------
State Water Resources Waste Discharge Requirements 10302(b) 120 Days
Control Board &
Regional Water Quality
Control Boards
-------------------------------------------------------------------------------
State Water Resources General Industrial Storm 10302(c) 7 Days
Water
Control Board & Permit
Regional Water Quality
Control Boards
-------------------------------------------------------------------------------
State Water Resources Wastewater Treatment 10302(d) 30 Days
Plantater
Control Board & Operators Certificate of
Regional Water Quality Competence
Control Boards
-------------------------------------------------------------------------------
California Integrated Full Solid Wate Facilities 10303(a) 120 Days
Waste Management Board Permit
-------------------------------------------------------------------------------
California Integrated Standardized Solid Waste 10303(b) 75 Days
Waste Management Board Facilities Permit
-------------------------------------------------------------------------------
California Integrated Registration Solid Waste 10303(c) 30 Days
Waste Management Board Facilities Permit
-------------------------------------------------------------------------------
California Integrated Waste Tire Facility Permit 10303(d) 180 Days
Waste Management Board 1 Year
(If
lead a-
gency.)
-------------------------------------------------------------------------------
California Integrated Used Oil Collection Center 10303(e) 45 Days
Waste Management Board Certifications
-------------------------------------------------------------------------------
California Integrated Used Oil Recycling Incentive 10303(f) 45 Days
Waste Management Board Payment Registrations
-------------------------------------------------------------------------------
Air Resources Board Emergency Variance for Sulfur 10304(b)- 10 Days
in (1)
Gasoline or Diesel
-------------------------------------------------------------------------------
Air Resources Board Approval of Independent 10304(b)- 90 Days
Testers (2)
-------------------------------------------------------------------------------
Air Resources Board All Other Permits 10304(a) 90 Days
-------------------------------------------------------------------------------




Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71028, Public Resources Code.







s 10300. Department of Toxic Substances Control.
For the Department of Toxic Substances Control (DTSC), Title 22, California Code of Regulations, Sections 66263.11 and 66260.21; Section 25199.6 of the Health and Safety Code; Section 65950, Government Code establish the following time limits which have been summarized for informational purposes in Table 1:
(a) DTSC shall review for administrative completeness each hazardous waste facility permit application and notify the applicant whether the application is administratively complete within 60 days of receipt. If the application is incomplete, DTSC shall require the applicant to provide information necessary to make the application complete. An application is not deemed to be complete until DTSC notifies the applicant that the application is administratively complete.
(b) If DTSC is acting as a responsible agency under the California Environmental Quality Act and the hazardous waste project is a land disposal facility, DTSC must approve or disapprove the permit:
(1) Within one year from the date on which the lead agency approved or disapproved the project; or
(2) Within one year from the date on which the completed application for the project has been received and accepted as technically complete, whichever is longer.
(c) If DTSC is acting as a responsible agency under the California Environmental Quality Act and the hazardous waste project is not a land disposal facility, DTSC must approve or disapprove the permit:
(1) Within 180 days from the date on which the lead agency approved or disapproved the project; or
(2) Within 180 days from the date on which the completed application for the project has been received and accepted as technically complete, whichever is longer.
(d) If DTSC is acting as a lead agency under the California Environmental Quality Act for a development project that requires an environmental impact report pursuant to Section 21100 or 21151 of the Public Resources Code, DTSC must approve or disapprove the permit within six months of the date the Department certifies that;
(1) the environmental impact report was completed in compliance with the California Environmental Quality Act (CEQA); and
(2) the decision-making body for the lead agency has reviewed the contents of the environmental impact report and found it be complete.
(e) DTSC, acting as lead agency, shall complete and certify an Environmental Impact Report as provided in Section 15090 of the Public Resources Code within one year after the date when DTSC accepted the application as technically complete. DTSC may extend the one-year time limit once for a period of not more than 90 days upon consent of the applicant.
(f) If DTSC is acting as a lead agency under the California Environmental Quality Act for a development project for which a negative declaration is adopted or for which DTSC determines that the project is exempt from the requirements of Division 13 (commencing with section 2100) of the Public Resources Code, DTSC must approve or disapprove the permit within three months of the date of adoption of the negative declaration or the determination that the project is exempt unless the project proponent requests an extension of the time. Adoption or approval of the negative declaration involves the following;
(1) prior to approval of the project, the decision making body of DTSC shall consider the negative declaration together with any comments received during the public review process, and Initial Study.
(2) the approval of the negative declaration means that there is absolutely no reasonable possibility of a significant effect resulting from a project.
(g) DTSC, acting as lead, shall complete and have ready for approval a negative declaration for a project within 105 days from the date when the Department accepted the application as technically complete. The negative declaration may be approved at a later time when the permit or other entitlement is approved.
(h) For Hazardous Waste Hauler Registrations:
(1) DTSC shall notify the applicant in writing, within 14 calendar days after receipt of an application that the application is technically complete and accepted for filing or that the application is incomplete and what specific information, documentation or fees, if any, are required to complete the application.
(2) DTSC shall notify the applicant, in writing, of DTSC's decision regarding the completeness of an application. The notification shall be within fourteen calendar days after the date on which DTSC determines the application to be complete and accepted for filing.
(i) For Equivalent Testing or Analytical Methods Variances:
(1) DTSC must notify the applicant within 60 days after receipt of an application that the application is technically complete and accepted for processing or that the application is incomplete and what further information is required.
(2) DTSC shall, within 180 days of receipt of a technically complete application, notify the applicant that the variance is granted or denied.
(j) For all other DTSC Variances:
(1) DTSC must notify the applicant within 60 days after receipt of an application that the application is technically complete and accepted for processing or that the application is incomplete and what further information is required.
(2) DTSC shall, within 60 days of receipt of a technically complete application, notify the applicant that the variance is granted or denied.
(k) These regulations apply only to applications submitted to DTSC on or after the effective date of the regulations.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; Sections 66260.21, 66263.11, 22 CCR; and Section 25199.6, Health and Safety Code.







s 10301. The Department of Pesticide Regulation.
For the Department of Pesticide Regulation, Title 3, California Code of Regulations, Section 305, establishes the following time limits which have been summarized for informational purposes in Table 1. The time frames for Qualified Applicator Certificate, Agricultural Pest Control Adviser License, Qualified Applicator License, Designated Agent License, and Pest Control Pilots License are based on the applicant taking the first available test.
(a) For a Qualified Applicator Certificate:

(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the certificate within 100 days of receiving a completed application.
(b) For a Agricultural Pest Control Adviser License:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the license within 100 days of receiving a completed application.
(c) For a Agricultural Pest Control Adviser License Renewal:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 60 days of receiving a completed application.
(d) For a Qualified Applicator License:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the license within 90 days of receiving a completed application.
(e) For a Designated Agent License:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the license within 90 days of receiving a completed application.
(f) For a Designated Agent License Renewal:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 30 days of receiving a completed application.
(g) For a Pest Control Pilots License:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the license within 30 days of receiving a completed application.
(h) For a Pest Control Pilots License Renewal:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 14 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 30 days of receiving a completed application.
(i) For an Accreditation of Continued Education Instruction:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 20 days of receipt of an application.

(2) The Department of Pesticide Regulation shall approve or disapprove the accreditation within 30 days of receiving a completed application.
(j) For a Certificate of Registration for Economic Poisons for New Active Ingredient:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 120 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the registration within 150 days of receiving a completed application.
(k) For a Certificate of Registration for Economic Poisons for New Product:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 60 days of receipt of an application.

(2) The Department of Pesticide Regulation shall approve or disapprove the registration within 90 days of receiving a completed application.
(l) For a Certificate of Registration for Economic Poisons Renewal:
(1) The Department of Pesticide regulation shall inform the applicant in writing that the application is either complete and accepted for filing, or that it is deficient and what specific information of documentation is required to complete the application within 30 days of receipt of an application.
(2) The Department of Pesticide Regulation shall approve or disapprove the renewal within 60 days of receiving a completed application.


Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code.







s 10302. The State Water Resources Control Board and the Regional Water Quality Control Boards.
For the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCB), Water Code, Section 13264, and the Clean Water Act, Title 33 USCA Section 1341 establish the following time limits which have been summarized for informational purposes in Table 1:
(a) The (SWRCB)/(RWQCB) shall approve or disapprove a National Pollutant Discharge Elimination System (NPDES) Permit within 180 days of receiving a completed application.
(b) The (SWRCB)/(RWQCB) shall adopt Waste Discharge Requirements within 120 days of receiving a completed application.
(c) The (SWRCB)/(RWQCB) shall approve or disapprove an application for a General Industrial Storm Water Permit within 7 working days of receiving a completed application.
(d) For Waste Water Treatment Plant Operator's Certificate of Competence:
(1) The (SWRCB)/(RWQCB) shall notify the applicant in writing, within 30 days after receipt of an application that the application is complete and accepted for filing or that the application is incomplete and what specific information is required to complete the application.
(2) The (SWRCB)/(RWQCB) shall, within 30 days of receipt of a complete application, proof of successful completion of exam, and payment of fees, issue the certification.


Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; and Section 3670, 23 CCR.







s 10303. California Integrated Waste Management Board.
For the California Integrated Waste Management Board (CIWMB), Title 14, California Code of Regulations, Sections 18104, 18105, 18203, 18650.4, 18653.4, 18423, and 18425, and Sections 44007, 44008, and 44009 of the Public Resources Code, establishes the following time limits which have been summarized for informational purposes in Table 1:
(a) For a Full Solid Waste Facilities Permit:
(1) The enforcement agency shall determine within 30 calendar days of receipt whether or not an application for a Solid Waste Facilities Permit is complete. If the application is not complete the enforcement agency shall notify the applicant within 5 business days of the grounds for rejection. Once an application is accepted as for filing as complete and correct, the enforcement agency must decide whether to issue or not issue the permit within 120 days unless waived by the applicant.
(2) At least 65 days prior to issuing the permit, the enforcement agency must provide the CIWMB with a copy of the application and the proposed permit. The CIWMB shall concur or object to the permit within 60 days of receipt of a proposed permit. If the Board fails to concur or object within 60 days, it shall be deemed to have concurred in the issuance of the proposed permit.
(b) For a Standardized Solid Waste Facilities Permit:
(1) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18105.1 of Title 14, California Code of Regulations.
(2) Within fifteen days of acceptance of an application for filing:

(A) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized permit terms and conditions.
(B) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (c)(2)(A) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the CIWMB. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the CIWMB. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has requested it in writing.
(C) If the enforcement agency finds that the application or facility do not meet the requirements set forth in (c)(2)(A) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant.
(3) Within 30 days of receipt of a proposed standardized permit, the CIWMB shall either concur in or object to the issuance of the proposed standardized permit.
(4) This subsection shall not become operative and only apply to operations specified in the minimum standards to be set forth in Chapters 3 and 3.1 of Division 7 of Title 14 when the minimum standards are filed with the Secretary of State and become effective and operative.
(c) For a Registration Solid Waste Facilities Permit:
(1) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18104.1 of Title 14, California Code of Regulations.
(2) If the enforcement agency finds the application is complete and correct pursuant to 18104.1 of Title 14, California Code of Regulations, it shall be accepted for filing and stamped with the date and time of acceptance.
(3) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed registration permit form (CIWMB Form 81 (rev 1/95)), incorporated herein by reference, to the applicant with a copy fo the accepted application, within five days of filing.

(4) This subsection shall not become operative and only apply to operations specified in the minimum standards to be set forth in Chapters 3 and 3.1 of Division 7 of Title 14 when the minimum standards are filed with the Secretary of State and become effective and operative.
(d) For a Waste Tire Facility Permit:
(1) The CIWMB shall either accept or reject an application as complete within 30 days of its receipt. If an application package is rejected, the Board shall notify the applicant, enumerating the grounds of rejection.
(2) A decision to issue or not issue the permit shall be made by the Board within 180 days of the time the application is accepted as complete, unless the applicant requests an extension of time. However, if the Board is the lead agency for the project for which an environmental impact report (EIR) must be prepared, the Board shall have one year from the date the application is accepted as complete to issue or deny issuance of the permit. Furthermore, if there is an extension of time pursuant to Public Resources Code Section 21100.2 to complete and certify the EIR, the Board shall issue or deny the issuance of the permit within 90 days after certification of the EIR. This extension of time may be extended once more for an additional period, not to exceed 90 days, upon consent of both the applicant and the Board.
(e) For Used Oil Collection Center Certifications:
(1) The CIWMB shall notify an applicant in writing, within 10 working days of receipt of the application, that it is either complete, correct and accepted for filing, or that it is incomplete and rejected for filing and provide the reasons for the rejection.
(2) A decision to issues or not issue the certification shall be made by the board within 45 calendar days of the time the application is filed.
(f) For Used Oil Recycling Incentive Payment Registrations:
(1) The CIWMB shall notify an applicant in writing, within 10 working days of receipt of the application, that it is either complete, correct and accepted for filing, or that it is incomplete and rejected for filing and provide the reasons for the rejection.
(2) A decision to issues or not issue the registration shall be made by the board within 45 calendar days of the time the application is filed.


Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code.







s 10304. Air Resources Board.
For the Air Resources Board, Title 17, California Code of Regulations, Section 60030, establishes the following time limits which have been summarized for informational purposes in Table 1:
(a) The procedures and time periods set forth in this subsection shall apply for all permit applications received by the Air Resources Board, except for those permit applications specified in subsection (b).
(1) Within 30 days of receipt of an application for a permit, as defined in Government Code Section 15375(a), the executive officer of the Air Resources Board shall inform the applicant, in writing, either that the application is complete and accepted for filing or that the application is deficient and identify the specific information required to make the application complete.
(2) Within 15 days of receipt of additional information provided in response to a determination by the executive officer of the Air Resources Board that an application is deficient, the executive officer shall inform the applicant, in writing, either that the new information is sufficient to make the application complete and that the application is accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.
(3) Within 90 days after an application is accepted for filing, the executive officer shall approve or disapprove the application.
(b) For the categories listed below, permit applications shall be processed as provided in the procedures specified in subsection (a), in accordance with the following time periods:
(1) For an emergency variance for sulfur in gasoline or diesel pursuant to 13 CCR section 2252;
(A) The executive officer will inform the applicant within five days of receipt of the application that the application is complete or that additional information is required.
(B) The executive officer will determine within five days after receipt of additional information whether the information submitted makes the application complete.
(C) Within 10 days after an application is accepted for filing, the executive officer shall act on the application.
(2) For approval of independent testers pursuant to 17 CCR section 91207;
(A) The executive officer will inform the applicant within 15 days of receipt of the application that the application is complete or that additional information is required.
(B) The executive officer will determine within 15 days after receipt of additional information whether the information submitted makes the application complete.
(C) Within 90 days after an application is accepted for filing, the executive officer shall act on the application. This period applies to each test' as specified in 17 CCR section 91201, for which approval is required.
(c) The executive officer may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
(d) The time periods in subsections (a) and (b) may be extended by the executive officer for good cause as provided by Government Code Section 15376.


Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; and Section 60030, 17 CCR.







s 10305. Median, Minimum, and Maximum Times for Processing a Permit.
Table 2 summarizes the median, minimum, and maximum times for processing a permit for state environmental agencies, as found in Section 60030, Title 17; Sections 66260.21 and 66263.11, Title 22; and Section 3670, Title 23.
TABLE 2

SUMMARY OF CHAPTER 3, ARTICLE 1

MEDIAN, MINIMUM, AND MAXIMUM TIMES FOR PROCESSING A PERMIT

-------------------------------------------------------------------------------
Note: This table provides general summary information only; see appropriate
section of the text for regulatory language and conditions of applicability.
-------------------------------------------------------------------------------
Department/ Permit/ Times for Processing a
Permit
Agency Authorization (days)
------------------------
Median Minimum Maximum
-------------------------------------------------------------------------------
Department of Toxic Hazardous Waste haulers 60 1 180
Substances Control Registration
-------------------------------------------------------------------------------
Department of Toxic Equivalent Testing or 60 1 1200
Substances Control Analytical Methods
Variances
-------------------------------------------------------------------------------
Department of Toxic All other Department 60 1 1200
Variance
Substances Control
-------------------------------------------------------------------------------
Department of Pesticide Qualified Applicator 50 1 111
Certificate
Regulation
-------------------------------------------------------------------------------
Department of Pesticide Agricultural Pest Control 46 12 129
Regulation Adviser License
-------------------------------------------------------------------------------
Department of Pesticide Agricultural Pest Control 11 1 74
Regulation Adviser License Renewal
-------------------------------------------------------------------------------
Department of Pesticide Qualified Applicator 54 5 97
License
Regulation
-------------------------------------------------------------------------------
Department of Pesticide Designated Agent License 50 21 96
Regulation
-------------------------------------------------------------------------------
Department of Pesticide Designated Agent License 8 1 39
Regulation Renewal
-------------------------------------------------------------------------------
Department of Pesticide Pest Control Pilots License 56 21 1066
Regulation
-------------------------------------------------------------------------------
Department of Pesticide Pest Control Pilots License 11 1 35
Regulation Renewal
-------------------------------------------------------------------------------
Department of Pesticide Accrediation of Continued N/A N/A N/A
Regulation Education Instruction
-------------------------------------------------------------------------------
Department of Pesticide Certificate of Registration 106 16 314
Regulation for Economic Poisons for
New Active Ingredient
-------------------------------------------------------------------------------
Department of Pesticide Certificate of Registration 40 4 209
Regulation for Economic Poisons for
New Product
-------------------------------------------------------------------------------
Department of Pesticide Certificate of Registration 28 7 197
Regulation for Economic Poisons for
Renewal
-------------------------------------------------------------------------------
State Water Resources Wastewater Treatment Plant 30 3 112
Control Board Operators Certificate of
Competence
-------------------------------------------------------------------------------
California Integrated Full Solid Waste Facilities 30 3 112
Waste
Management Board Permit
-------------------------------------------------------------------------------
California Integrated Standardized Solid Waste TBD 1 75
Waste
Management Board Facility Permit
-------------------------------------------------------------------------------
California Integrated Registration Solid Waste TBD 1 30
Waste
Management Board Facility Permit
-------------------------------------------------------------------------------
California Integrated Waste Tire Facility Permit TBD TBD TBD
Waste
Management Board
-------------------------------------------------------------------------------
California Integrated Used Oil Collection Center 35 25 45
Waste
Management Board Certifications
-------------------------------------------------------------------------------
California Integrated Used Oil Recycling 35 25 45
Waste Incentive
Management Board Payment Registrations
-------------------------------------------------------------------------------
Air Resources Board All Permits 30 5 567
-------------------------------------------------------------------------------










s 10310. State Environmental Permit Agencies that Violate Time Limits.
(a) If any state environmental agency, as defined in section 10100(r), fails to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established for any one of the following; Section 71022 of the Public Resources Code, Section 25199.6 of the Health and Safety Code, or Section 15378 of the Government Code; the applicant and/or petitioner may appeal to the Secretary. The appeal shall be filed within 30 days of the date that the state environmental agency was to have made a final determination on the environmental permit. The appeal shall use the following procedure;
(1) the applicant and/or petitioner submits an appeal to the Secretary in writing. The appeal shall include, at a minimum, all of the following:
(A) name of the applicant, and if applicable, the name of the petitioner; (B) name of the business;
(C) address of the facility;
(D) name of the state environmental agency that failed to take timely action on the applicant's environmental permit;
(E) the date that the state environmental agency was to have made a final determination on the environmental permit;
(F) the name and/or type of environmental permit that the applicant applied for;
(G) an explanation of why the applicant and/or petitioner is requesting the appeal; and

(H) any additional information deemed necessary by the Secretary.
(2) Upon receiving the appeal, the Secretary will contact the applicant and/or petitioner and the state environmental agency within 30 days to determine the following;
(A) if the state environmental agency violated any of the time limits established for the following;
1. Section 71022 of the Public Resources Code;
2. Section 25199.6 of the Health and Safety Code; and,
3. Chapter 3 (commencing with Section 15374) of the Government Code; and
(B) if the state environmental agency had good cause for violating the time limits;
(3) If the Secretary finds the time limits under appeal have been violated without good cause, the Secretary shall;

(A) establish a date by which the state environmental agency shall act on the permit application, with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of the Public Resources Code Section 71022; and
(B) notify the state environmental agency, in writing, to provide for full reimbursement of all filing and permit processing fees paid by the applicant to the environmental agency for the permit application under appeal, pursuant to Section 71030(d) of the Public Resources Code and Section 15378 of the Government Code. The reimbursement shall occur with 60 days of being notified by the Secretary.
(b) the determination of the Secretary shall be based only on procedural violations, including but not limited to, the exceeding of time limits.
(c) if the violation is of the time limits of Section 71022 of the Public Resources Code, the determination of the Secretary to order reimbursement of any application filing fees shall only be applicable to the consolidated permit agency or the participating agencies that are in violation of the time limits without showing good cause. (continued)
Download << First Page < Previous Page Next Page > Last Page >>

Questions and Comments: jekstrom at stanford dot edu. 2008-2009 All Rights Reserved | http://cclme.org