Section 10300 - Department of Toxic Substances Control (California Code of Regulations)

§ 10300. Department of Toxic Substances Control

For the Department of Toxic Substances Control (DTSC), Title 22, California Code of Regulations, Sections 66263.11 and 66260.21; Section 25199.6 of the Health and Safety Code; Section 65950, Government Code establish the following time limits which have been summarized for informational purposes in Table 1:

(a) DTSC shall review for administrative completeness each hazardous waste facility permit application and notify the applicant whether the application is administratively complete within 60 days of receipt. If the application is incomplete, DTSC shall require the applicant to provide information necessary to make the application complete. An application is not deemed to be complete until DTSC notifies the applicant that the application is administratively complete.

(b) If DTSC is acting as a responsible agency under the California Environmental Quality Act and the hazardous waste project is a land disposal facility, DTSC must approve or disapprove the permit:

(1) Within one year from the date on which the lead agency approved or disapproved the project; or

(2) Within one year from the date on which the completed application for the project has been received and accepted as technically complete, whichever is longer.

(c) If DTSC is acting as a responsible agency under the California Environmental Quality Act and the hazardous waste project is not a land disposal facility, DTSC must approve or disapprove the permit:

(1) Within 180 days from the date on which the lead agency approved or disapproved the project; or

(2) Within 180 days from the date on which the completed application for the project has been received and accepted as technically complete, whichever is longer.

(d) If DTSC is acting as a lead agency under the California Environmental Quality Act for a development project that requires an environmental impact report pursuant to Section 21100 or 21151 of the Public Resources Code, DTSC must approve or disapprove the permit within six months of the date the Department certifies that;

(1) the environmental impact report was completed in compliance with the California Environmental Quality Act (CEQA); and

(2) the decision-making body for the lead agency has reviewed the contents of the environmental impact report and found it be complete.

(e) DTSC, acting as lead agency, shall complete and certify an Environmental Impact Report as provided in Section 15090 of the Public Resources Code within one year after the date when DTSC accepted the application as technically complete. DTSC may extend the one-year time limit once for a period of not more than 90 days upon consent of the applicant.

(f) If DTSC is acting as a lead agency under the California Environmental Quality Act for a development project for which a negative declaration is adopted or for which DTSC determines that the project is exempt from the requirements of Division 13 (commencing with section 2100) of the Public Resources Code, DTSC must approve or disapprove the permit within three months of the date of adoption of the negative declaration or the determination that the project is exempt unless the project proponent requests an extension of the time. Adoption or approval of the negative declaration involves the following;

(1) prior to approval of the project, the decision making body of DTSC shall consider the negative declaration together with any comments received during the public review process, and Initial Study.

(2) the approval of the negative declaration means that there is absolutely no reasonable possibility of a significant effect resulting from a project.

(g) DTSC, acting as lead, shall complete and have ready for approval a negative declaration for a project within 105 days from the date when the Department accepted the application as technically complete. The negative declaration may be approved at a later time when the permit or other entitlement is approved.

(h) For Hazardous Waste Hauler Registrations:

(1) DTSC shall notify the applicant in writing, within 14 calendar days after receipt of an application that the application is technically complete and accepted for filing or that the application is incomplete and what specific information, documentation or fees, if any, are required to complete the application.

(2) DTSC shall notify the applicant, in writing, of DTSC's decision regarding the completeness of an application. The notification shall be within fourteen calendar days after the date on which DTSC determines the application to be complete and accepted for filing.

(i) For Equivalent Testing or Analytical Methods Variances:

(1) DTSC must notify the applicant within 60 days after receipt of an application that the application is technically complete and accepted for processing or that the application is incomplete and what further information is required.

(2) DTSC shall, within 180 days of receipt of a technically complete application, notify the applicant that the variance is granted or denied.

(j) For all other DTSC Variances:

(1) DTSC must notify the applicant within 60 days after receipt of an application that the application is technically complete and accepted for processing or that the application is incomplete and what further information is required.

(2) DTSC shall, within 60 days of receipt of a technically complete application, notify the applicant that the variance is granted or denied.

(k) These regulations apply only to applications submitted to DTSC on or after the effective date of the regulations.

(1. New chapter 3, article 1 and section filed 7-12-95; operative 8-11-95 (Register 95, No. 28). 2. Change without regulatory effect amending table 1 and adding new subsection (h)(2) filed 11-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 45).)

Note: Authority cited: Sections 71001 and 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code; Sections 66260.21, 66263.11, 22 CCR; and Section 25199.6, Health and Safety Code.

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