§ 21685. CalRecycle--Proposed Solid Waste Facilities Permit; CalRecycle Processing Requirements...
27 CA ADC § 21685Barclays Official California Code of Regulations
Barclays California Code of Regulations
Title 27. Environmental Protection
Division 2. Solid Waste (Refs & Annos)
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 3.1. Calrecycle--Calrecycle Requirements
27 CCR § 21685
§ 21685. CalRecycle--Proposed Solid Waste Facilities Permit; CalRecycle Processing Requirements.
(a) CalRecycle shall stamp the proposed solid waste facilities permit with the date of receipt at the time the envelope is opened. CalRecycle shall consider each proposed solid waste facilities permit, any public testimony, and comments. Written comments may be submitted to CalRecycle and will become part of the CalRecycle record. Such written comments shall be made available to the EA.
(b) CalRecycle shall not concur in issuance of the proposed solid waste facilities permit for new and revised solid waste facilities permits, and the Executive Director of CalRecycle for modified solid waste facilities permits, if the following information, if applicable, has not been submitted to the EA and CalRecycle pursuant to Public Resources Code § 44009:
(4)(A) Information that the facility is identified and described in or conforms with the County Solid Waste Management Plan (Public Resources Code § 50000); and that the facility is consistent with the city or county General Plan and compatible with surrounding land use, in accordance with Public Resources Code § 50000.5; or
(5) Documentation sufficient for CalRecycle to deem that a Preliminary or Final Closure/Postclosure Maintenance Plan is consistent with closure and postclosure maintenance state minimum standards (including, but not limited to, Chapters 3 and 4) for those portions of the plan subject to CalRecycle jurisdiction, if applicable;
(9) The EA finding that existing CEQA documentation is consistent with and supports the proposed solid waste facilities permit and RFI or supporting information indicating the EA has found that approval of the proposed solid waste facilities permit would not lead to any adverse environmental impacts and is exempt from the requirements of CEQA.
(c) CalRecycle, with respect to new and revised solid waste facilities permits, and the Executive Director of CalRecycle, with respect to modified solid waste facilities permits, shall either concur or object to the issuance of the proposed solid waste facilities permit within sixty days of receipt, except as authorized by Public Resources Code § 44009, or by operator's consent. If CalRecycle or Executive Director objects to a proposed solid waste facilities permit, it shall accompany its objection with an explanation of its action, which may suggest conditions or other amendments that may render the proposed solid waste facilities permit unobjectionable; however, such suggestions do not constitute approval of the proposed solid waste facilities permit subject to incorporation of the suggestions. The Executive Director shall report to CalRecycle on his or her concurrence or denial of modified permits at its next regularly scheduled meeting or via a memo, and post this information on CalRecycle's web site.
(d) For the purposes of CalRecycle's determination to concur in or to object to a proposed permit pursuant to ¶(c) above, a facility that has landfill decomposition gases exceeding the compliance levels in §§ 20919.5 or 20921, or at which a hazard or nuisance may exist pursuant to § 20919, shall be considered to be consistent with State Minimum Standards specified in §§ 20919, 20919.5, and 20921 for purposes of ¶(b)(8) of this section if all of the following requirements have been satisfied with respect to the facility (for the purposes of this subsection, “facility” includes “disposal site”):
(A) For purposes of this section, an imminent and substantial threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the harm to persons, property, natural resources, or the public health or safety.
(9) For facilities that propose a facility property boundary expansion, a footprint expansion, or any other increase in facility capacity as part of the permit application, investigations or analyses respecting landfill decomposition gases at the facility must have been conducted by the operator prior to the submittal of the permit application to the EA and the results of such investigations and analyses shall be submitted to the EA, CalRecycle, RWQCB, APCD/AQMD, and any other appropriate agency prior to or concurrent with the permit application.
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43103, 44007-44010 and 44014, Public Resources Code.
1. New article 3.1 (sections 21685-21686) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect redesignating and amending former subsection (b)(7)(C) to subsection (b)(8), and redesignating former subsection (b)(8) to subsection (b)(9) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
3. Amendment of subsections (b)(1) and (b)(5) and new subsections (b)(5)(i)-(iii) filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9).
4. New subsections (d)-(d)(9)(B) and subsection relettering filed 11-17-2005; operative 12-17-2005 (Register 2005, No. 46).
5. Amendment of section heading and section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
6. Amendment of section heading and subsections (a), (b), (b)(4)(B) and (b)(5), new subsection (b)(6), subsection renumbering and amendment of newly designated subsections (b)(7)(A) and (b)(8) and subsections (c),(d), (d)(2), (d)(6)(C), (d)(7)-(d)(7)(A) and (d)(8)(B)-(d)(9) filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).
This database is current through 12/1/23 Register 2023, No. 48.
Cal. Admin. Code tit. 27, § 21685, 27 CA ADC § 21685
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