Section 15170 - Criteria the Secretary Will Use to Evaluate Applications (California Code of Regulations)

§ 15170. Criteria the Secretary Will Use to Evaluate Applications

(a) The Secretary will evaluate applications based on the following:

(1) Adequacy of education, expertise, and training as required by sections 15260 and 15270.

(2) Adequacy of proposed resources including an analysis of:

(A) The number and type of regulated businesses within the jurisdiction;

(B) An estimate of the annual number of compliance and complaint inspections;

(C) The time allocation requirements of local agency staff shall be computed on a full-time equivalent basis, not to exceed 1776 work hours per year per person, for the following:

(i) Inspections and the related travel, research, analysis of findings, and documentation;

(ii) Inspection and enforcement activities including warnings, notices, meetings, hearings, legal proceedings, and documentation;

(iii) Permit activities including application reviews, modifications and revisions, and facility evaluations;

(iv) Training including field, meetings, seminars, workshops, courses and literature reviews; and

(v) Management including day-to-day operation scheduling and supervision.

(vi) Technical staff or contractors to support Unified Program electronic reporting mandates.

(D) An estimate of required staff and supervisory personnel to manage the single fee system, surcharge and fee accountability system;

(E) The number of support staff, both technical and non-technical, for all program elements; and

(F) Description of contacts, working relationship with local prosecution and law enforcement agencies (i.e., district attorneys, strike force memberships, etc.).

(3) Proposed budget resources and funding mechanisms. The applicant agency shall include as part of the application, a summary of projected annual funding and expenses for the entire local Unified Program. Adequacy of budget resources and funding mechanisms shall be calculated as the ratio of funding to expenses, a value of one being the standard for most adequate.

(4) Past performance of the applicant agency and its proposed PAs in implementing hazardous materials and hazardous waste management programs.

(5) Record keeping and cost accounting systems proposed for the Unified Program, including:

(A) Elements required by the Secretary pursuant to HSC section 25404(c);

(B) A method for calculating program costs;

(C) Permit fee structure;

(D) Fee collection process; and

(E) Data management.

(6) Compliance with the criteria in CCR, title 22, section 66272.10, except for the requirement of paragraph (2) of subdivision (b) of that section related to countywide jurisdiction and paragraph (3) of subdivision (b) of that section related to hazardous waste facilities.

(7) Additional programs, including but not limited to programs such as hazardous waste source reduction and pollution prevention programs, incorporated in the Unified Program.

(8) Identified adverse impacts on the county. The Secretary will give particular consideration to written comments or comments received during the public hearing.

(9) The Unified Program throughout the entire county in which the applicant agency is located will be less fragmented between jurisdictions, as compared to before January 1, 1994, with regard to the administration of the provisions specified in HSC section 25404(c). The Secretary shall consider, but shall not be limited to, the following measures of fragmentation. The applicant agency shall justify its certification with respect to these measures in the implementation plan required pursuant to CCR, title 27, section 15150(e)(6).

(A) The number of agencies managing the six Unified Program elements listed in HSC section 25404(c) within the county prior to January 1, 1994, and the number of agencies managing those program elements as proposed by the applicant agency.

(B) The number of agencies a regulated business had to work with for the Unified Program elements prior to January 1, 1994, and the number of agencies a regulated business will have to work with as proposed by the applicant agency.

(10) Countywide coordination and consistency. The Secretary shall consider, but not be limited to the following:

(A) Agreements among the county, city, and local agency applicants indicating consistency with a countywide Unified Program.

(11) The Secretary shall not certify an applicant agency that proposes to include PAs in the Unified Program, unless there is a finding that:

(A) It meets the requirements of HSC section 25404.3(d)(1).

(B) The proposed PAs have met the education, training and experience requirements identified in sections 15260 and 15270, and have adequate resources to implement the program element(s) that the applicant agency has proposed it will take on.

(C) All necessary agreements are in place, pursuant to HSC section 25404.3(d)(3).

(12) The requirements of sections 15160(b) and 15160(c).

(13) The implementation plan for the consolidation of permits, inspections, enforcement, and fees.

(14) Documentation of authority to implement program elements.

(15) If the program will be fully operational no later than one year after certification.

(1. New section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day. 2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day. 3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day. 4. New section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day. 5. Certificate of compliance as to 11-14-94 order including amendment of subsections (b), (b)(2), (c), (g), (h), (j)(1), (k)-(k)(2) and (l)(1)-(l)(3), new subsection (m) and subsection relettering, amendment of newly designated subsection (n)(2) and repealer of newly designated subsection (n)(4) and subsection renumbering transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5). 6. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15). 7. Change without regulatory effect amending subsections (a)(2)(F), (a)(4), (a)(6)-(7), (a)(10)-(11) and (a)(11)(B) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12). 8. New subsection (a)(2)(C)(vi) and amendment of subsections (a)(11) and (a)(11)(B) filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51). 9. Amendment of subsections (a)(5)(A), (a)(6), (a)(9)-(a)(9)(A), (a)(11)(A) and (a)(11)(C) filed 6-14-2018; operative 7-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).)

Note: Authority cited: Sections 25404(b), 25404.2(c), 25404.3(b) and 25404.6(c), Health and Safety Code. Reference: Sections 25404.2(a), 25404.2(c), 25404.3(b), 25404.3(c) and 25404.3(d), Health and Safety Code.

Disclaimer: Lawrina has made every attempt to ensure the information on this page is accurate, but we cannot guarantee that Section 15170 Criteria the Secretary Will Use to Evaluate Applications is a replica of the current official text. Please use the external links to official resources for the latest version.

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