§ 10312. Local Environmental Permit Agencies that Violate Other Permit Time Limits
(a) For the purpose of this section, "local environmental agency" does not include the agencies described in subdivisions (1) and (6) of Section 10100(l) of Title 27 CCR.
(b) 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 that agency, the applicant may appeal.
(c) An applicant may submit an appeal to the governing body of a local environmental agency, or if there is no governing body, to the director of the local environmental agency, for a determination regarding the failure by the local environmental agency to take timely action on the issuance or denial of an environmental permit.
(d) The appeal shall include, at a minimum, the following information;
(1) name of the applicant;
(2) name of the business;
(3) address of the facility;
(4) name of the local environmental agency that failed to take timely action on the applicant's environmental permit if the applicant appeals directly to the Secretary pursuant to subsection (f) of this section;
(5) the date that the local environmental agency was to have made a final determination on the environmental permit;
(6) the name and/or type of environmental permit that the applicant applied for; and
(7) an explanation of why the applicant is requesting the appeal.
(e) The appeal shall be submitted to the local environmental agency prior to the applicant providing 7 days advance notice to the permitting agency of the intent to provide public notice of the project pursuant to subdivision (b) of Section 65956 of the Government Code.
(f) The applicant may appeal directly to the Secretary whenever any of the following occurs;
(1) If the local environmental agency declines to accept the appeal pursuant to subdivision (a) of Section 65956.5 of the Government Code; or
(2) If the local environmental agency fails to issue a final written determination within 60 days pursuant to subdivision (b) of Section 65956.5 of the Government Code.
(g) The local environmental agency has 60 days after receiving the appeal to issue a final determination regarding the appeal. The determination shall include the following;
(1) an explanation of why the local environmental agency failed to act on the permit application within the established time limits;
(2) the date the local environmental agency shall act on the permit application.(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: Section 65956.5, Government Code.
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