§ 21563. CIWMB -Scope. (T14:Section 18200, Section 18200.1)
(a) This Subchapter sets forth the method of application for a full solid waste facilities permit and procedures for review and action on the application package. This Subchapter also addresses related matters of exemptions from the solid waste facilities permit requirements, application for changes in design or operation, reinstatement of solid waste facilities permits after disciplinary actions, periodic reviews and revisions of solid waste facilities permits, and amending application information. Matters related to EA actions to amend, suspend or revoke solid waste facilities permits are included in Article 2, Chapter 5.
(b) The provisions of this Subchapter shall apply to solid waste facilities or disposal sites and any other operations requiring a full solid waste facilities permit pursuant to this Division. Specific provisions of this Subchapter outlining the different responsibilities of the applicant, EA and the CIWMB may be found below as follows:
(1) Exemption from a solid waste facilities permit Article 1.
(2) Applicant Requirements Article 2.
(3) EA Requirements Article 3.
(4) CIWMB Requirements Article 3.1.
(c) Except as otherwise noted, for purposes of this chapter only, "facility" means solid waste facility, disposal site or any other operation requiring a full solid waste facilities permit pursuant to this division.
(d) For purposes of these articles (Articles 1-3.1), the following definitions apply:
(1) "Complete" means all requirements placed upon the operation of the solid waste facility by statute, regulation, and other agencies with jurisdiction have been addressed in the application package.
(2) "Correct" means all information provided by the applicant regarding the solid waste facility must be accurate, exact, and must fully describe the parameters of the solid waste facility.
(3) "Application Filing" means the enforcement agency has determined the application package is complete and correct and the statutory time limit contained in Public Resources Code § 44008 commences.
(4) "Informational Meeting" means a meeting where the public is invited to hear and comment on the preliminary determination of the action to be taken by the EA on an accepted application package. The meeting is strictly informational and no official decision is made at the meeting regarding the formal determination on the solid waste facilities permit application. EA-conducted Informational Meetings fulfill the requirements set forth in Public Resources Code § 44004 related to holding a "public hearing", unless the EA substitutes another meeting/hearing that meets the provisions in § 21660.4. The definition used herein, does not apply to public hearings, or hearings before hearing panels or hearing officers set forth in Public Resources Code § 44300, Chapter 4, Articles 1 and 2, having to do with denial of solid waste facilities permits and related recourses.
(5) "Nonmaterial change" means a change that would require a change to the solid waste facilities permit but would not result in any physical change that would alter the approved design or operation of the facility. The definition is only for purposes of determining when a permit modification is needed as determined by the EA pursuant to § 21665(d)(1).
(6) "Significant Change in the design or operation of the solid waste facility that is not authorized by the existing permit" means a change in design or operation of a solid waste facility where the EA has determined pursuant to § 21665 that the change is of such consequence that the solid waste facilities permit needs to include further restrictions, prohibitions, mitigations, terms, conditions or other measures to adequately protect public health, public safety, ensure compliance with State minimum standards or to protect the environment. The definition is only for purposes of determining when a permit needs to be revised and should not be utilized for any other purpose.(1. New subchapter 3, article 1 (sections 21563-21565.5) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11). 3. Change without regulatory effect amending subsection (d)(4) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).)
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 43021 and 43000- 45802, Public Resources Code.
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