Section 10203 - Consolidated Permit Agency Responsibilities (California Code of Regulations)

§ 10203. Consolidated Permit Agency Responsibilities

The consolidated permit agency shall do the following:

(a) Upon being selected as the consolidated permit agency, the consolidated permit agency will contact, within 5 working days of being designated the consolidated permit agency, the applicant and all environmental permit agencies that have been identified by the applicant as being participating permit agencies, as defined in Section 71016 of the Public Resources Code. The consolidated permit agency will inform the applicant and the participating permit agencies of the time, date, and location of the meeting required by Section 71022 of the Public Resources Code.

(b) ensure that the permit applicant has all of the information needed to apply for all of the permits that will be required for the project, which shall include at a minimum the following:

(1) conduct a preapplication meeting with the applicant and participating agencies;

(2) any guidance documents from participating permit agencies;

(3) permit applications. The consolidated permit agency will inform the applicant at the meeting that the applicant has the choice of using either the permit applications that are supplied by the participating permit agencies or the applicant can use a consolidated permit application form;

(4) schedules for technical review;

(c) coordinate the review of all participating agency permits. The consolidated permit agency shall coordinate review among the participating agencies through:

(1) informal agreements between agencies that specify agency responsibilities as a participating permit agency;

(2) establishment of time lines;

(3) agreed upon action plans;

(d) ensure that permit decisions are made in a timely manner by all of the participating permit agencies. This shall be accomplished by:

(1) ensuring that the participating permit agencies identify and request any additional information needed to complete the application within 30 days of the receipt of the permit application by the participating permit agency;

(2) coordinating the dates of any hearings that may be required. The permitting agency requiring the hearing will be responsible for conducting the hearing. The consolidated permit agency will only participate in the hearing if requested by the permitting agency;

(e) assist in promptly resolving any conflicts or inconsistencies that may arise during the course of the project. This shall be accomplished in any of the following ways:

(1) the participating permit agencies shall formally identify to the consolidated permit agency any conflict or inconsistency among environmental permit requirements and conditions within 30 working days of discovering a problem;

(2) hold and facilitate meetings of all involved parties to resolve conflict or inconsistency within 15 working days of the date that the consolidated permit agency was formally notified of the problem; or

(3) for conflicts or inconsistencies that cannot be resolved by the consolidated permit agency, the directors, or their designees, of the agencies in conflict shall meet and resolve the conflict.

(f) During the consolidated permit process but after the initial meeting, if an additional environmental permit is identified as being required for the project, that environmental agency responsible for issuing that permit shall be contacted by the consolidated permit agency and informed of that environmental agency's designation as a participating permit agency. This newly identified agency shall supply any required applications and guidance documents to the applicant within 10 working days of being contacted by the consolidated permit agency.

(g) The consolidated permit agency shall compile all participating permit agency permits as well as the consolidated permit agency's own permit, into a consolidated permit. The consolidated permit agency shall issue the consolidated permit to the applicant within 30 days of the date the last participating permit agency permit is issued.

(h) The participating permit agency is responsible for the technical review of that agency's permit renewals and/or permit modifications. The applicant will submit any permit renewal requests and/or permit modification requests directly to the participating permit agency responsible for that permit. The participating permit agency will then supply any approved permit modifications and renewals to the consolidated permit agency within 30 days of approval of each permit. The consolidated permit agency is then responsible for incorporating all modifications and renewals of the environmental permits into the consolidated permit. The consolidated permit agency shall then send a copy of the consolidated permit to the applicant.

(i) The consolidated permit agency shall keep the consolidated permit on file at the consolidated permit agency's office. The consolidated permit agency shall handle all review requests for the consolidated permit.

(j) The consolidated permit agency is responsible for tracking statutory and regulatory time limits.

(k) The consolidated permit process shall not be construed to limit or abridge the powers and duties granted to a participating permit agency pursuant to the law that authorizes or requires the agency to issue an environmental permit for the project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component environmental permit that is within its scope of its responsibility, including, but not limited to, the determination of environmental permit application completeness, environmental permit approval or approval with conditions, or environmental permit denial. The consolidated permit agency may not substitute its judgement for that of a participating permit agency on any such nonprocedural matters.

(1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28).)

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

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