Section 10311 - Local Environmental Permit Agencies that Violate Consolidated Permit Time Limits (California Code of Regulations)

§ 10311. Local Environmental Permit Agencies that Violate Consolidated Permit Time Limits

(a) If a local environmental agency fails to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established for Section 71022 of the Public Resources Code, the applicant and/or petitioner may appeal to the Secretary. The appeal shall be filed within 30 days of the date that the local 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 local environmental agency that failed to take timely action on the applicant's environmental permit;

(E) The date that the local 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 local environmental agency within 30 days to determine the following;

(A) If the local environmental agency violated any of the time limits established for Section 71022 of the Public Resources Code; and

(B) If the local 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 local 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 local environmental agency, in writing, to provide for full reimbursement of all filing and permit processing fees paid by the applicant to the local environmental agency for the permit application under appeal, pursuant to Section 71030(d) of the Public Resources 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) 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.

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

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

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