Section 10303 - California Integrated Waste Management Board (California Code of Regulations)

§ 10303. California Integrated Waste Management Board

For the California Integrated Waste Management Board (CIWMB), Title 14, California Code of Regulations, Sections 18104, 18105, 18203, 18650.4, 18653.4, 18423, and 18425, and Sections 44007, 44008, and 44009 of the Public Resources Code, establishes the following time limits which have been summarized for informational purposes in Table 1:

(a) For a Full Solid Waste Facilities Permit:

(1) The enforcement agency shall determine within 30 calendar days of receipt whether or not an application for a Solid Waste Facilities Permit is complete. If the application is not complete the enforcement agency shall notify the applicant within 5 business days of the grounds for rejection. Once an application is accepted as for filing as complete and correct, the enforcement agency must decide whether to issue or not issue the permit within 120 days unless waived by the applicant.

(2) At least 65 days prior to issuing the permit, the enforcement agency must provide the CIWMB with a copy of the application and the proposed permit. The CIWMB shall concur or object to the permit within 60 days of receipt of a proposed permit. If the Board fails to concur or object within 60 days, it shall be deemed to have concurred in the issuance of the proposed permit.

(b) For a Standardized Solid Waste Facilities Permit:

(1) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18105.1 of Title 14, California Code of Regulations.

(2) Within fifteen days of acceptance of an application for filing:

(A) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized permit terms and conditions.

(B) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (c)(2)(A) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the CIWMB. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the CIWMB. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has requested it in writing.

(C) If the enforcement agency finds that the application or facility do not meet the requirements set forth in (c)(2)(A) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant.

(3) Within 30 days of receipt of a proposed standardized permit, the CIWMB shall either concur in or object to the issuance of the proposed standardized permit.

(4) This subsection shall not become operative and only apply to operations specified in the minimum standards to be set forth in Chapters 3 and 3.1 of Division 7 of Title 14 when the minimum standards are filed with the Secretary of State and become effective and operative.

(c) For a Registration Solid Waste Facilities Permit:

(1) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18104.1 of Title 14, California Code of Regulations.

(2) If the enforcement agency finds the application is complete and correct pursuant to 18104.1 of Title 14, California Code of Regulations, it shall be accepted for filing and stamped with the date and time of acceptance.

(3) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed registration permit form (CIWMB Form 81 (rev 1/95)), incorporated herein by reference, to the applicant with a copy fo the accepted application, within five days of filing.

(4) This subsection shall not become operative and only apply to operations specified in the minimum standards to be set forth in Chapters 3 and 3.1 of Division 7 of Title 14 when the minimum standards are filed with the Secretary of State and become effective and operative.

(d) For a Waste Tire Facility Permit:

(1) The CIWMB shall either accept or reject an application as complete within 30 days of its receipt. If an application package is rejected, the Board shall notify the applicant, enumerating the grounds of rejection.

(2) A decision to issue or not issue the permit shall be made by the Board within 180 days of the time the application is accepted as complete, unless the applicant requests an extension of time. However, if the Board is the lead agency for the project for which an environmental impact report (EIR) must be prepared, the Board shall have one year from the date the application is accepted as complete to issue or deny issuance of the permit. Furthermore, if there is an extension of time pursuant to Public Resources Code Section 21100.2 to complete and certify the EIR, the Board shall issue or deny the issuance of the permit within 90 days after certification of the EIR. This extension of time may be extended once more for an additional period, not to exceed 90 days, upon consent of both the applicant and the Board.

(e) For Used Oil Collection Center Certifications:

(1) The CIWMB shall notify an applicant in writing, within 10 working days of receipt of the application, that it is either complete, correct and accepted for filing, or that it is incomplete and rejected for filing and provide the reasons for the rejection.

(2) A decision to issues or not issue the certification shall be made by the board within 45 calendar days of the time the application is filed.

(f) For Used Oil Recycling Incentive Payment Registrations:

(1) The CIWMB shall notify an applicant in writing, within 10 working days of receipt of the application, that it is either complete, correct and accepted for filing, or that it is incomplete and rejected for filing and provide the reasons for the rejection.

(2) A decision to issues or not issue the registration shall be made by the board within 45 calendar days of the time the application is filed.

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

Note: Authority cited: Section 71020, Public Resources Code; Section 15376, Government Code. Reference: Section 71022, Public Resources Code.

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