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§ 21650. CalRecycle - EA Processing Requirements. (T14:§18203)

27 CA ADC § 21650BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 27. Environmental Protection
Division 2. Solid Waste
Subdivision 1. Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
Chapter 4. Documentation and Reporting for Regulatory Tiers, Permits, WDRs, and Plans
Subchapter 3. Development of Waste Discharge Requirements (WDRs) and Solid Waste Facility Permits
Article 3. Calrecycle - Enforcement Agency (EA) Requirements (Refs & Annos)
27 CCR § 21650
§ 21650. CalRecycle - EA Processing Requirements. (T14:§18203)
(a) Upon its receipt, the EA shall stamp the application package with the date of receipt. The EA shall examine the application package to determine whether it meets the requirements of §21570. If the EA finds the package meets the requirements of §21570, the application package shall be accepted and stamped with the date of acceptance. Notwithstanding any other provision of this division, the application package shall be deemed filed on the date of acceptance.
(b) The EA shall either accept or reject the application package within thirty days of its receipt.
(c) Within five days of filing, the EA shall notify CalRecycle, and the RWQCB if applicable, of its determination. The EA shall submit as its notification to CalRecycle a copy of the accepted application form. The EA shall also forward a copy of the application form to the RWQCB if applicable.
(d) If the EA determines that the application package does not meet the requirements of §21570, it shall reject and not file the application, and it shall, within five days of determination, so notify the applicant, CalRecycle, and the RWQCB if applicable, enumerating the grounds for rejection. The EA shall include in its notification to CalRecycle a copy of the rejected application form. The application package, together with the notice of rejection, shall be kept in the EA's file.
(e) After acceptance of an application for a new or revised full solid waste facilities permit as complete and correct and within 60 days of receipt of the application by the EA, the EA shall notice and conduct an informational meeting as required by §§21660.2 and 21660.3. For modified solid waste facilities permits, the EA shall provide notice as required by §21660.3 after finding the permit application complete and correct and within 60 days of receipt of the application by the EA.
(f) Upon request of the applicant, the EA may accept an incomplete application package. As a condition of acceptance, the operator and the EA shall waive the statutory time limit contained in Public Resources Code §44009. [Note: Section 21580 is the section for processing the applicant's waiver of timeframes and timing for noticing and holding an informational meeting after the EA deems a previously submitted incomplete package to be complete.] The EA shall notify the applicant within 30 days if the applicant's request for review under this subsection has been accepted. If the application package does not conform with the requirements of §21570 within 180 days from the date of the EA agreeing to accept the package as incomplete the EA shall reject the application package, pursuant to ¶(d). If the EA finds the application package meets the requirements of §21570, the application package shall be accepted pursuant to ¶(c).
(g) No later than 60 days after the application package has been accepted as complete and correct and after conducting an informational meeting if required by §§21660.2 and 21660.3, the EA shall mail to CalRecycle the following:
(1) A copy of the proposed solid waste facilities permit;
(2) The accepted application package;
(3) A certification from the EA that the solid waste facilities permit application package is complete and correct, including a statement that the RFI meets the requirements of §21600, 14 CCR §§17863, 17863.4, 17346.5, 18221.6, 18223.5, or 18227.
(4) Documentation, if applicable, of the applicant's compliance with any RWQCB enforcement order or the status of the applicant's WDRs, as described in Public Resources Code §44009;
(5) Any written public comments received on a pending application and a summary of comments received at the informational meeting, responses to any public comments, and, where applicable, any other steps taken by the EA relative to those comments. Subsequent to the transmittal of the proposed solid waste facilities permit, the EA shall, within five (5) days of receipt, provide a copy of any additional written public comments and response to comments to CalRecycle.
(6) A solid waste facilities permit review report which has been prepared pursuant to §21675, within the last five years.
(7) EA finding that the proposed solid waste facilities permit is consistent with and is supported by existing CEQA analysis, or information regarding the progress toward CEQA compliance.
(h) At the time the EA submits the proposed solid waste facilities permit to CalRecycle, the EA shall submit a copy of the proposed solid waste facilities permit to the applicant, the RWQCB if applicable, and any person so requesting in writing. The copy of the proposed solid waste facilities permit provided to the applicant shall also be accompanied by a form for request for hearing, which the applicant may use to obtain a hearing before a hearing panel or hearing officer to challenge any condition in the solid waste facilities permit. In cases where a hearing panel or hearing officer may be requested, the EA shall notify CalRecycle within seven days of being noticed by the operator.
(i) The proposed solid waste facilities permit shall contain the EA's conditions. The proposed solid waste facilities permit shall not contain conditions pertaining solely to air or water quality, nor shall the conditions conflict with conditions from WDRs issued by the RWQCB.
[Note: The process to obtain a full solid waste facilities permit might not include the RWQCB if the facility is other than a landfill or disposal site. Therefore, EA submittals of forms and documents to the RWQCB will be made if applicable to the type of facility. When writing conditions pursuant to 21650(i) the EA shall take into consideration PRC §44012, which requires the EA to ensure that primary consideration is given to protecting public health and safety and preventing environmental damage, and the long-term protection of the environment. The EA may also take into consideration other permits, entitlements and approvals when writing terms and conditions (e.g., conditional use permit, zoning, Air Pollution Control District/Air Quality Management District permits to construct and operate, Department of Toxic Substances Control hazardous waste facility permit, Department of Fish and Wildlife permits, Coastal Commission approvals, Army Corps of Engineers permit, Federal Aviation Administration notification, and other required local and county ordinances/permits)]
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 40055, 42652.5 and 43000-45802, Public Resources Code; and Section 39730.6, Health and Safety Code.
HISTORY
1. New article 3 (sections 21650-21680) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect amending subsections (f)(3), (f)(5) and (f)(6) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
3. Amendment of section heading and section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
4. Change without regulatory effect amending subsection (h) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
5. Amendment of article heading, section heading, subsections (c)-(d), (g), (g)(5), (h) and (i) and Note filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
This database is current through 4/30/21 Register 2021, No. 18
27 CCR § 21650, 27 CA ADC § 21650
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