Section 10310 - State Environmental Permit Agencies that Violate Time Limits (California Code of Regulations)

§ 10310. State Environmental Permit Agencies that Violate Time Limits

(a) If any state environmental agency, as defined in section 10100(r), fails to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established for any one of the following; Section 71022 of the Public Resources Code, Section 25199.6 of the Health and Safety Code, or Section 15378 of the Government Code; the applicant and/or petitioner may appeal to the Secretary. The appeal shall be filed within 30 days of the date that the state environmental agency was to have made a final determination on the environmental permit. The appeal shall use the following procedure;

(1) the applicant and/or petitioner submits an appeal to the Secretary in writing. The appeal shall include, at a minimum, all of the following:

(A) name of the applicant, and if applicable, the name of the petitioner;

(B) name of the business;

(C) address of the facility;

(D) name of the state environmental agency that failed to take timely action on the applicant's environmental permit;

(E) the date that the state environmental agency was to have made a final determination on the environmental permit;

(F) the name and/or type of environmental permit that the applicant applied for;

(G) an explanation of why the applicant and/or petitioner is requesting the appeal; and

(H) any additional information deemed necessary by the Secretary.

(2) Upon receiving the appeal, the Secretary will contact the applicant and/or petitioner and the state environmental agency within 30 days to determine the following;

(A) if the state environmental agency violated any of the time limits established for the following;

1.Section 71022 of the Public Resources Code;

2.Section 25199.6 of the Health and Safety Code; and,

3.Chapter 3 (commencing with Section 15374) of the Government Code; and

(B) if the state environmental agency had good cause for violating the time limits;

(3) If the Secretary finds the time limits under appeal have been violated without good cause, the Secretary shall;

(A) establish a date by which the state environmental agency shall act on the permit application, with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of the Public Resources Code Section 71022; and

(B) notify the state environmental agency, in writing, to provide for full reimbursement of all filing and permit processing fees paid by the applicant to the environmental agency for the permit application under appeal, pursuant to Section 71030(d) of the Public Resources Code and Section 15378 of the Government Code. The reimbursement shall occur with 60 days of being notified by the Secretary.

(b) the determination of the Secretary shall be based only on procedural violations, including but not limited to, the exceeding of time limits.

(c) if the violation is of the time limits of Section 71022 of the Public Resources Code, the determination of the Secretary to order reimbursement of any application filing fees shall only be applicable to the consolidated permit agency or the participating agencies that are in violation of the time limits without showing good cause.

(d) All state environmental agencies shall attach processing time limits to their permit applications.

(e) The following statement shall be added to all state environmental agency permit applications, "Time limits have been established for the processing of permit applications. These time limits are attached. Persons whose applications have not been processed within the time limits prescribed by statute or regulation may appeal to the Secretary for Environmental Protection. Appeals must be filed within 30 days of the date the time periods were allegedly exceeded. If the Secretary finds that the time limits have not been met, and the environmental agency did not have good cause why the time limits have not been met, the Secretary may direct the environmental agency to process the application by a specified date and so inform the applicant. For permits subject to the Permit Reform Act of 1981 (Government Code Sections 15374, et seq.), the Secretary may also order that the applicant receive a reimbursement of all filing and permit processing fees."

(f) for those state permit agencies that participate at the request of the permit applicant upon the agency's agreement;

(1) An appeal shall be only for violations of the time limits established pursuant to Section 71022 of the Public Resources Code; and

(2) They are excluded from requirements of subsections (d) and (e) of this section.

(1. New article 2 and section filed 7-12-95; operative 8-11-95 (Register 95, No. 28).)

Note: Authority cited: Sections 71001, 71020 and 71030, Public Resources Code; Section 15378, Government Code. Reference: Section 71030, Public Resources Code; and Section 15376, Government Code.

Disclaimer: This content is regularly reviewed to ensure the information is current and accurate. However, Section 10310 State Environmental Permit Agencies that Violate Time Limits may have been updated since our last review. For the latest version of all legislation, please check the official resources.

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