(1) Matters Subject to Appeal. The Board of Environmental Safety (“Board”) hears and decides appeals from decisions to grant, issue, modify or deny hazardous waste facility permits, except that class 1 permit modification decisions are not subject to appeal. Appeals are limited to decisions made by the Department's Permitting Division pursuant to chapter 6.5 of division 20 of the Health and Safety Code, and do not encompass decisions made by the Department's Permitting Division pursuant to other statutes, including but not limited to the California Environmental Quality Act at division 13 of the Public Resources Code.

(2) Appeals of Temporary Authorization Decisions -- Expedited Process. Any person may appeal the decision to approve or deny a temporary authorization, by filing a notice of appeal using Special Appeal Form BES 2302 no later than 30 calendar days after notice of the decision pursuant to paragraph (1) of subsection (f) of section 66270.42. The notice of appeal shall include a brief statement explaining why the appellant's appeal should be granted. Upon receipt of Special Appeal Form BES 2302, the Board Clerk shall request that the Department's Permitting Division file a brief statement responding to the notice of appeal no later than 30 days after receipt of the request. The appeal shall be decided by the Board at a hearing held pursuant to subsection (c) of this section without issuing an initial order pursuant to subsection (b) of this section. Paragraphs (3), (4), (5), and (6) of subsection (a) of this section are not applicable to appeals filed pursuant to this paragraph.

(3) Initiating an Appeal; Timing. Except as provided in paragraph (2) of subsection (a) of this section, an appeal from a decision to grant, issue, modify or deny a hazardous waste facility permit shall be initiated by the filing of both of the following:

(4) Petition; Statement of Reasons. The petition filed pursuant to subparagraph (ii) of paragraph (3) of subsection (a) of this section shall contain a statement of reasons raising one or more issues with the decision to grant, issue, modify or deny the permit, or with the inclusion or omission of any condition(s) in the permit. Except as provided in paragraphs (6) and (7) of subsection (a) of this section, the petition shall demonstrate that all issues raised in the statement of reasons relate to matters that appeared for the first time in the final permit, or were previously raised in comments or testimony provided to DTSC during public review of the draft permit or modification, which shall be supported by citations to the final permit record described in section 66271.17, including the document name and page number.

(5) Standing to File. After filing a timely notice of appeal, and subject to paragraphs (6) and (7) of subsection (a) of this section, only a person who filed comments on the draft permit or participated in the public hearing (if any) on the draft permit, may file a petition pursuant to subparagraph (ii) of paragraph (3) of subsection (a) of this section.

(6) Failure to Participate. Any person who failed to file comments with the Department's Permitting Division, or failed to participate in the public hearing (if any) on the draft permit, may file a petition with the Board, which must contain a statement of reasons raising one or more of the issues listed in paragraph (3), but the petition shall be limited to matters that appeared for the first time in the final permit or issues that could not have been raised during public review of the draft permit.

(7) Board Discretion to Accept Petitions. By majority vote at a public meeting and upon a showing of good cause, the Board in its discretion may waive the application of paragraphs (5) and (6) of subsection (a) of this section.

(1) either accepting or dismissing the petition in full or in part.

(2) setting forth a briefing schedule if any portion of the petition is accepted for review.

(3) consolidating proceedings if multiple appeals are filed.

(1) a finding of fact or conclusion of law which is clearly erroneous; or

(2) an abuse of discretion concerning an exercise of discretion or an important policy consideration within the Board's jurisdiction, which the Board should, in its discretion, review; or

(3) a significant procedural error, including but not limited to a failure to proceed in a manner that is required by law or regulation.

(1) directing the Department's Permitting Division to deny the permit; or

(2) retaining jurisdiction over the matter and directing the Department's Permitting Division to address the issues sustained by the Board, which shall be reviewed and considered by the Board at a subsequent public meeting; or

(3) directing the Department's Permitting Division to prepare a new draft permit in accordance with applicable laws and regulations, in which case the Department's subsequent final permit decision shall be subject to review by the Board upon the timely filing of an appeal in accordance with paragraph (3) of subsection (a) of this section.