§ 21570. [Operative 1/1/2022]CalRecycle - Filing Requirements
(a) Any operator of a disposal site who is required to have a full solid waste facilities permit and waste discharge requirements pursuant to Public Resources Code, Division 31 and § 20080(f) shall submit an application package for a solid waste facilities permit in duplicate to the EA pursuant to ¶(f). The applicant shall also simultaneously submit one copy of the application form and the Joint Technical Document (JTD) to the Regional Water Quality Control Board (RWQCB) and one copy of the application form to the director of the local agency that oversees local land use planning for the jurisdiction in which the site is located. The applicant shall ensure demonstration of financial assurances to CalRecycle pursuant to Chapter 6 of this Subdivision.
(b) All other applicants who are required to have a full solid waste facilities permit shall submit an application package for a solid waste facilities permit in duplicate to the EA pursuant to ¶(f) and one copy of the application form to the director of the local agency that oversees local land use planning for the jurisdiction in which the site is located. The applicant shall also simultaneously submit one copy of the application form to the RWQCB.
(c) Any application package submitted to the EA shall be accompanied by the fee specified by the EA pursuant to Public Resources Code § 44006(c).
(d) The application package shall require that information be supplied in adequate detail to permit thorough evaluation of the environmental effects of the facility and to permit estimation of the likelihood that the facility will be able to conform to the standards over the useful economic life of the facility. The application package shall require, among other things, that the applicant and the owner give the address at which process may be served upon them.
(e) All information in the application package shall be certified by the applicant and the owner of the site as being true and accurate to the best knowledge and belief of each. The applicant, owner of the facility, or both, shall supply additional information as deemed necessary by the EA.
(f) A complete and correct application package shall include, but not necessarily be limited to, the following items:
(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form CalRecycle E-1-77 (Version 11-15) (Appendix 1); and
(2) Complete and correct Report of Facility Information. In the case of disposal sites, this will be a Report of Disposal Site Information (RDSI) in the format of a JTD or a Disposal Site Facility Plan or Disposal Facility Report in the format of a JTD; and
(3) California Environmental Quality Act (CEQA) compliance information as follows:
(A) Evidence that there has been compliance with the CEQA, Division 13 (commencing with § 21000) of the Public Resources Code, regarding the facility; or
(B) Information on the status of the application's compliance with the CEQA regarding the facility, including the proposed project description. Once there has been compliance with the CEQA regarding the facility, evidence of compliance shall be submitted to the EA; and
(4) Any CEQA Mitigation Monitoring Implementation Schedule; and
(5) Conformance finding information, including one of the following:
(A) Until a countywide or regional agency integrated waste management plan has been approved by CalRecycle, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code § 50000; and that the facility is consistent with the city or county General Plan and compatible with surrounding land use, in accordance with Public Resources Code § 50000.5; or
(B) After a countywide or regional agency integrated waste management plan has been approved by CalRecycle, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction in which it is located; or, that the facility is not required to be identified in any of these elements pursuant to Public Resources Code § 50001; and
(6) For disposal sites, completeness determination of Preliminary or Final Closure/Postclosure Maintenance Plan as specified in §§ 21780, 21865, and 21890 (Subchapter 4 of this chapter); and
[Note: The operator has the option of submitting the preliminary closure plan with the JTD, in which case the EA, RWQCB, and CalRecycle would review it at the same time. If deemed complete by the reviewing agencies, the solid waste facilities permit application package could then be accepted for filing if all other information in the JTD is accepted by the EA. Or the operator can submit a stand alone preliminary closure plan to be deemed complete by reviewing agencies before the application package is submitted to the EA. For CalRecycle purposes, all final closure/postclosure plans are stand alone documents but can be processed jointly with a proposed solid waste facilities permit revision as long as the final plan is determined complete prior to approval of the proposed solid waste facilities permit. The JTD Index prepared for the EA should show where each closure requirement is addressed in the closure/post-closure plan.]
(7) For disposal sites, a copy of the most recently submitted detailed written estimate or latest approved estimate, whichever identifies the greatest cost, to cover the cost of known or reasonably foreseeable corrective action activities, pursuant to § 22101;
(8) For disposal sites, current documentation of acceptable funding levels for required closure, postclosure maintenance, and corrective action Financial Assurance Mechanisms (in accordance with Chapter 6, Division 2); and
(9) For disposal sites, current documentation of compliance with operating liability requirements in accordance with Chapter 6;
(10) For disposal sites permitted for more than 20 tons-per-day, a ground or aerial survey to be completed at least once every five years or more frequently as determined by the EA. For disposal sites permitted for 20 tons-per-day or less, a ground or aerial survey must be completed at least once every ten years. Survey results must be submitted as a CADD or vector graphics data file including at least two strata, i.e., 1) a stratum showing the base and finished ground surfaces, and 2) a stratum showing the existing and finished ground surfaces. For disposal sites where a change in permitted volume is proposed, a third stratum showing the base and proposed finished ground surface must be included. For each stratum the following information shall be included: site name, stratum name, surface1 name, surface2 name, volume calculation method (grid, composite, section), expansion (cut) factor, compaction (fill) factor, cut volume, fill volume and net volume. All volumes shall be reported in cubic yards. If the base ground surface is uncertain, the operator is allowed to provide the best available information as a substitute for the actual as-built contours. If selecting this substitute method, the operator must provide an explanation of the basis for using the substitute base ground surface. For the purposes of this section the following definitions apply:
(A) "base ground surface" - the best available excavation plan surface that existed prior to the placement of any waste;
(B) "CADD" - computer aided design and drafting;
(C) "compaction (fill) factor" - the factor used to correct for expected compaction of fill material; this factor should normally be unity (one); if the factor is not unity (one), an explanation must be provided for the basis of the volumetric correction;
(D) "cut volume" - for any stratum, the volume removed by a cut of a lower surface to achieve the upper surface;
(E) "existing ground surface" - the topography that exists at the time of the subject survey;
(F) "expansion (cut) factor" - the factor used to correct for expected expansion of a cut surface; this factor should normally be unity (one); if the factor is not unity (one), an explanation must be provided for the basis of the volumetric correction;
(G) "fill volume" - for any stratum, the volume bound between the upper and lower surfaces;
(H) "finished ground surface" - the final fill plan surface as shown in the approved closure plan for the disposal site;
(I) "net volume" - the fill volume less the cut volume;
(J) "site name" - the name of the disposal site for which the survey information is being submitted;
(K) "stratum (plural: strata)" - a particular volume of a solid waste landfill bound by specified upper and lower surfaces;
(L) "stratum name" - a descriptive name for the stratum for which volumetric information is being submitted, e.g., total volume including proposed expansion;
(M) "surface names" - names for the pair of surfaces that define a named stratum, e.g., base ground surface and proposed finished ground surface;
(N) "survey" - a comprehensive examination of the disposal site under the direction of registered civil engineer or licensed land surveyor for purposes of determining the topography of the base, existing and finished ground surfaces, and the volumes bound by those surfaces;
(O) "vector graphics" - computer generated images comprised of lines and shapes of given origin, direction, thickness, color and other attributes;
(P) "volume calculation method" - grid, composite, section or other method approved by the enforcement agency.
(11) For disposal sites, one of the following:
(i) In-place density (pounds of waste per cubic yard of waste). The in-place density is the estimated or measured density of in-place waste material achieved by mechanical or other means in the development of the current lift of the current operating waste cell, and
(ii) Waste-to-cover ratio, estimated, (volume:volume). The waste-to-cover ratio estimate is a unit-less expression of the proportion of the volumes of waste and cover that comprise a volume of compacted fill material, e.g. 4:1. The cover portion of the waste-to-cover ratio estimate should include only soil or approved daily or intermediate alternative cover that is not considered a waste material, i.e., payment of fees to CalRecycle is not required. The waste portion of the waste-to-cover ratio estimate should include only waste material for which payment of fees to CalRecycle is reported, or
(B) Airspace utilization factor (tons of waste per cubic yard of landfill airspace). The airspace utilization factor (AUF) is the effective density of waste material in the landfill. The AUF is recorded as the total weight of waste material passing over the landfill scales that is placed in a known volume of landfill airspace in a given period of time. The waste portion of the AUF should include only waste material for which payment of fees to CalRecycle is reported.
(12) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.
(g) For new or expanded solid waste facilities, hold a public meeting with any affected disadvantaged communities within 180 days of submittal of the permit application package.
(1) Provide copies (hard copy or electronic) of notices distributed to the affected disadvantaged communities.
(2) Provide a summary of the comments received at the public meeting, responses to any public comments, and any other steps taken by the applicant relative to those comments.
(3) For the purposes of this section "affected disadvantaged communities" means communities identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code as disadvantaged that are located within one mile of the facility.(1. New article 2 (sections 21570-21640) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Change without regulatory effect amending subsections (a) and (f)(1) and explanatory note following subsection (f)(6) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11). 3. Amendment of subsections (f)(2), (f)(3)(A) and (f)(5)(A)-(f)(6) filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9). 4. Amendment of subsection (f)(2) filed 12-26-2003; operative 2-24-2004 (Register 2003, No. 52). 5. Editorial correction ofHistory4 (Register 2004, No. 2). 6. Amendment filed 12-13-2004; operative 1-1-2005 pursuant to Government Code section 11343.4(c) (Register 2004, No. 51). 7. Amendment filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11). 8. Amendment of article heading, section heading, subsections (a), (f)(5)(A)-(B) and (f)(6), new subsection (f)(7), subsection renumbering and amendment of newly designated subsections (f)(8) and (f)(11)(A)(ii)-(B)filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15). 9. Amendment of subsection (f)(1), new subsections (g)-(g)(3) and amendment of Note filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).)
Note: Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. Reference: Sections 43103, 42652.5, 44001- 44017, 44100- 44101, 44300- 44301, 44500- 44503 and 44813- 44816, Public Resources Code; and Section 39730.6, Health and Safety Code.
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