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§ 66271.55. Hazardous Waste Facility Permit Decisions.


Barclays Official California Code of Regulations Currentness
Title 22. Social Security
Division 4.5. Environmental Health Standards for the Management of Hazardous Waste
Chapter 21. Procedures for Hazardous Waste Permit Decisions
Article 3. Violations Scoring Procedure for Hazardous Waste Facility Operations
22 CCR § 66271.55
§ 66271.55. Hazardous Waste Facility Permit Decisions.
(a) Permit Decisions. The Department shall conduct a complete review of a facility's compliance history when making a decision to issue, deny, revoke, suspend, or modify a permit under this article.
(b) A complete review of the facility's compliance history shall include, but is not limited to, all of the following:
(1) The facility's final compliance tier assignment based on the Facility VSP Score and all Class I violations and provisional and final inspection violation scores used to calculate the Facility VSP Score;
(2) Class II and minor violations not quantified as part of the Facility VSP Score;
(3) The facility's compliance with any permits, applicable orders, stipulations, agreements, settlement documents, judgments, decrees, grants of authorization, or other documents establishing requirements upon operations at the facility; hazardous waste laws and regulations; and any other applicable environmental laws and regulations;
(4) The disclosure statement made pursuant to the requirements of Health and Safety Code sections 25112.5 and 25200.4;
(5) The facility's safety record;
(6) The facility's compliance with financial assurance or liability coverage requirements for closure, post-closure, or corrective action pursuant to article 8, chapter 14 and article 8, chapter 15 of this division, as applicable;
(7) Information in audit reports provided to the Department pursuant to the requirements of sections 66271.56 and 66271.57; and
(8) Any other information allowed by law.
(c) A complete review of the facility's compliance history shall also include, but is not limited to, a review of the following information to the extent such information is readily available to the Department:
(1) The owner's or operator's knowledge or intent in the commission of any violations;
(2) The record of complaints received against the facility, including the facility's record of resolving such complaints;
(3) Violations by the facility of requirements of other federal, state, or local environmental agencies; and
(4) The facility's record with regard to returning to compliance and cooperation with the Department.
Note: Authority cited: Sections 25150, 25200.21, 58004 and 58012, Health and Safety Code. Reference: Sections 25110.8.5, 25186 and 25186.05, Health and Safety Code
1. New section filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
This database is current through 3/20/20 Register 2020, No. 12
22 CCR § 66271.55, 22 CA ADC § 66271.55
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