Section 10401 - Definitions (California Code of Regulations)

§ 10401. Definitions

(a) The definitions contained in this section shall apply only to these regulations.

(1) "Complete and adequate" means a determination by a permitting authority that a facility compliance plan contains all the information required by Sections 71035.5(b) and 71035.6(b) of Chapter 5 of Division 34 of the Public Resources Code. A finding that a facility compliance plan is completed and adequate, incorporating all additional conditions as required by the permitting authority, shall result in the approval of the plan for the portion of the plan addressed by the permitting authority.

(2) "CUPA" means a certified unified program agency as designated under Chapter 6.11 of Division 20 of the Health and Safety Code.

(3) "Day" means for the purpose of these regulations, calendar days.

(4) "Environmental permit" means any environmental permit issued by an environmental agency or a certified unified program agency.

(5) "Excluded Facility" means any facility involved in the following operations or activities:

(A) The incineration of wastes. Incineration does not include any combustion process used as part of an air pollution control system.

(B) The storage, treatment, transportation, or disposal of radioactive materials.

(C) Other activities that the Secretary for Environmental Protection determines, prior to approval of an application for a Permit Consolidation Zone, and based on risks to the environment and to the public health and safety, to be appropriately regulated through individual permits.

(D) Other activities excluded as requested by a city or county in its Permit Consolidation Zone application.

(6) "Expanding Facility" means any facility, located within a Permit Consolidation Zone which:

(A) Is physically in existence at the time the facility compliance plan is submitted;

(B) Is in compliance with all applicable regulations prior to the date of submittal of a facility compliance plan to the Permit Consolidation Zone Administrator; and

(C) Requires a new or amended environmental permit to conduct a new or modified activity.

(7) "Facility" means the site presently engaged in or at which an activity is planned that is required to obtain authorization from a permitting authority for that activity.

(8) "Facility Compliance Plan" means a document that incorporates all of the following:

(A) Contains information and data for all emissions and discharges from the facility and the management of solid waste and hazardous waste, including all information relevant to individual environmental permits that would otherwise be required for the facility.

(B) Specifies measures, including, but not limited to, monitoring, reporting, emissions limits, materials handling, and throughputs, to be taken by the project applicant to ensure compliance with all environmental permits that would otherwise be required.

(C) Meets the requirements of all individual environmental permits that would otherwise be required.

(D) Ensures compliance with all applicable environmental laws, regulations, and ordinances.

(9) "New Facility" means any facility, located within a Permit Consolidation Zone, which was not physically in existence prior to the date of submittal of a facility compliance plan to the Permit Consolidation Zone Administrator.

(10) "Permitting Authority" means those governmental entities identified by subdivisions (a) to (g), inclusive of Section 71011 of the Public Resources Code, specifically including:

(A) The Department of Toxic Substances Control

(B) The Department of Pesticide Regulation

(C) The State Air Resources Board

(D) The State Water Resources Control Board

(E) The California Integrated Waste Management Board

(F) The Office of Environmental Health Hazard Assessment

(G) The Regional Water Quality Control Boards

(H) Air Quality Management Districts and Air Pollution Control Districts as defined in Section 39025 of the Health and Safety Code.

(I) An enforcement agency, as defined in Section 40130 of the Public Resources Code (Local Enforcement Agencies operating under the authority of the Integrated Waste Management Act).

(J) A county agricultural commissioner with respect to his or her administration of Divisions 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code.

(K) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county.

(L) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code (pretreatment to Publicly Owned Treatment Work (POTW) programs).

(M) Certified Unified Program Agencies (CUPAs).

(N) Any other environmental or related permitting authority that elects to become a participating agency within the Permit Consolidation Zone.

(11) "Permit Consolidation Zone" means a geographical area, contiguous or non-contiguous, designated by and within the jurisdiction of a city or cities or a county or counties or both, and approved by the Review Panel, within which a facility compliance plan may be substituted for all environmental permits otherwise required. A Permit Consolidation Zone specifies the types of facilities that are eligible to operate under the authority of a facility compliance plan.

(12) "Plan Applicant," means the facility owner and/or operator responsible for the preparation of a facility compliance plan.

(13) "Review Panel," means the panel composed of the Secretary for Environmental Protection and the Secretary for Trade and Commerce. The Review Panel is empowered to review applicants for and designate Permit Consolidation Zones.

(14) "Zone Administrator," means the individual or agency designated by the Zone Applicant to be responsible for the administration of the zone. The zone applicant may designate any person within any organization it deems appropriate to perform these duties, including but not limited to a Cal/EPA Permit Assistance Center or a Certified Unified Program Agency.

(15) "Zone Applicant" means a California city or county, individually or together, seeking to be designated as a Permit Consolidation Zone.

(16) "Zone Applicant Governing Authority" means the duly constituted governing board for a city or county within the State of California usually a city council in the case of a city or the board of supervisors in the case of a county.

(1. New article 2 (section 10401) and section filed 5-22-97; operative 6-21-97 (Register 97, No. 28).)

Note: Authority cited: Sections 71035.1 and 71305.2, Public Resources Code. Reference: Sections 71035.3, 71035.4, 71035.5, 71035.6, 71035.8 and 71305.10, Public Resources Code.

Disclaimer: Although Lawrina works hard to ensure the information on this page is accurate and timely, we take no responsibility for deviations from the official text. Section 10401 Definitions may have been updated since our last review. Please refer to official resources for the most accurate information.

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