§ 21685. CalRecycle - Proposed Solid Waste Facilities Permit; CalRecycle Processing Requirements
(a) CalRecycle shall stamp the proposed solid waste facilities permit with the date of receipt at the time the envelope is opened. CalRecycle shall consider each proposed solid waste facilities permit, any public testimony, and comments. Written comments may be submitted to CalRecycle and will become part of the CalRecycle record. Such written comments shall be made available to the EA.
(b) CalRecycle shall not concur in issuance of the proposed solid waste facilities permit for new and revised solid waste facilities permits, and the Executive Director of CalRecycle for modified solid waste facilities permits, if the following information, if applicable, has not been submitted to the EA and CalRecycle pursuant to Public Resources Code § 44009:
(1) Complete and correct Report of Facility Information as certified by the EA,
(2) EA's Solid Waste Facilities Permit Review Report pursuant to § 21675,
(3) EA's proposed solid waste facilities permit written pursuant to this Subchapter.
(A) Information that the facility is identified and described in or conforms with the County Solid Waste Management Plan (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 EA's finding that the facility has met the requirements of Public Resources Code § 50001.
(5) Documentation sufficient for CalRecycle to deem that a Preliminary or Final Closure/Postclosure Maintenance Plan is consistent with closure and postclosure maintenance state minimum standards (including, but not limited to, Chapters 3 and 4) for those portions of the plan subject to CalRecycle jurisdiction, if applicable;
(i) For closure plans submitted as part of a JTD, the determination whether the plans are consistent with state minimum standards shall be made within 60 days of the plans being considered complete pursuant to § 21860(c).
(ii) This preliminary determination shall constitute the staff recommendation for the Board consideration of concurrence with a solid waste facilities permit unless the application package, of which the JTD was a part, is amended or modified.
(iii) This determination is solely for the Board consideration of concurrence with a solid waste facilities permit and does not constitute any final determination for the closure plans review process pursuant to § 21860.
(6) 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;
(A) Current documentation of acceptable funding levels for required closure, postclosure maintenance, and corrective action Financial Assurances Documentation in accordance with Chapter 6, if applicable; and
(B) Current documentation of compliance with Operating Liability Requirements, if applicable (Chapter 6).
(8) CalRecycle shall ensure the facility is operating consistent with State Minimum Standards, pursuant to Subchapter 4 of Chapter 3 of this subdivision or applicable minimum standards in Title 14 (§ 17200 et seq.),
(9) The EA finding that existing CEQA documentation is consistent with and supports the proposed solid waste facilities permit and RFI or supporting information indicating the EA has found that approval of the proposed solid waste facilities permit would not lead to any adverse environmental impacts and is exempt from the requirements of CEQA.
(c) CalRecycle, with respect to new and revised solid waste facilities permits, and the Executive Director of CalRecycle, with respect to modified solid waste facilities permits, shall either concur or object to the issuance of the proposed solid waste facilities permit within sixty days of receipt, except as authorized by Public Resources Code § 44009, or by operator's consent. If CalRecycle or Executive Director objects to a proposed solid waste facilities permit, it shall accompany its objection with an explanation of its action, which may suggest conditions or other amendments that may render the proposed solid waste facilities permit unobjectionable; however, such suggestions do not constitute approval of the proposed solid waste facilities permit subject to incorporation of the suggestions. The Executive Director shall report to CalRecycle on his or her concurrence or denial of modified permits at its next regularly scheduled meeting or via a memo, and post this information on CalRecycle's web site.
(d) For the purposes of CalRecycle's determination to concur in or to object to a proposed permit pursuant to ¶(c) above, a facility that has landfill decomposition gases exceeding the compliance levels in §§ 20919.5 or 20921, or at which a hazard or nuisance may exist pursuant to § 20919, shall be considered to be consistent with State Minimum Standards specified in §§ 20919,20919.5, and 20921 for purposes of ¶(b)(8) of this section if all of the following requirements have been satisfied with respect to the facility (for the purposes of this subsection, "facility" includes "disposal site"):
(1) The operator shall have delivered all notices to the EA and owner as required by §§ 20919,20919.5, and 20937 as applicable.
(A) The site-specific compliance level applicable to the facility shall be the lesser of that specified in (i) the facility's JTD/RFI, closure and postclosure maintenance plans, or the permit for the facility, or (ii) shall be the levels specified in §§ 20919.5 or 20921, as applicable.
(B) The facility's compliance boundary for landfill decomposition gas migration shall be the permitted facility boundary or other alternate boundary within the permitted facility boundary approved by the EA.
(2) The EA shall have forwarded to CalRecycle all notifications received pursuant to ¶(d)(1) above.
(3) Landfill gas monitoring has been and is being conducted at least monthly, at a minimum, after notice to the EA and shall continue until the operator has complied with the enforcement order issued pursuant to ¶(d)(6) below.
(4) The EA has determined that landfill decomposition gas generated by the facility does not constitute an imminent and substantial threat to public health and safety or the environment.
(A) For purposes of this section, an imminent and substantial threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the harm to persons, property, natural resources, or the public health or safety.
(5) The EA has determined that to come into compliance with §§ 20919,20919.5, and 20921 it will take the operator longer than 90 days due to the time it takes to plan and implement appropriate corrective measures.
(6) The facility is operating under an enforcement order issued to the operator and which meets all of the following requirements:
(A) The order was issued pursuant to 14 CCR § 18304.1(a)(3) and includes a compliance schedule for bringing the facility into compliance with §§ 20919,20919.5, and 20921.
(B) A final order has been issued pursuant to 14 CCR § 18304.2.
(C) A copy of the proposed order and any amended order proposed by the EA was provided to CalRecycle for review and comment prior to its issuance.
(7) The EA has reviewed and approved and CalRecycle has reviewed all investigation reports or results, proposed workplans, or proposed gas mitigation measures submitted pursuant to the enforcement order issued pursuant to ¶(d)(6).
(A) If possible, all parties shall mutually agree to time frames for EA and CalRecycle review of the submitted documents so that all reviews can be completed expeditiously. In the event agreement cannot be reached, the EA and CalRecycle shall determine the schedules for their reviews.
(8) The operator is in compliance with the approved gas mitigation measures or workplan approved by the EA and specified in the enforcement order.
(A) If the operator fails to comply with the enforcement order, the EA shall, as necessary and appropriate:
(i) Take additional enforcement action, which may include the imposition of administrative civil penalties in an amount from one hundred dollars ($100) up to five thousand dollars ($5,000) for each day on which a violation occurs pursuant to § 45011 of the Public Resources Code, or
(ii) Take direct cleanup action pursuant to an appropriate enforcement order.
(B) If the EA fails to take appropriate enforcement action as specified in 14 CCR § 18084(d), CalRecycle may take enforcement action pursuant to 14 CCR § 18350.
(C) If CalRecycle takes enforcement action in lieu of the EA, any required public hearing shall be conducted by CalRecycle Executive Director or his/her designee.
(9) For facilities that propose a facility property boundary expansion, a footprint expansion, or any other increase in facility capacity as part of the permit application, investigations or analyses respecting landfill decomposition gases at the facility must have been conducted by the operator prior to the submittal of the permit application to the EA and the results of such investigations and analyses shall be submitted to the EA, CalRecycle, RWQCB, APCD/AQMD, and any other appropriate agency prior to or concurrent with the permit application.
(A) The investigations or analyses shall evaluate:
(i) Whether the proposed expansion may increase the magnitude or complexity of the noncompliance with §§ 20919, 20919.5, and 20921.
(ii) Whether the proposed expansion may cause potential impacts to water quality and air quality or other impacts outside the jurisdiction of the EA.
(B) If the results of the investigations and analyses conducted pursuant to ¶(d)(9)(A)(i) warrant, the operator shall include an analysis and additional feasible control measures as part of the gas mitigation measures or workplan specified in the order required by ¶(d)(6).
(e) If an applicant or enforcement agency requests that revisions, additions or amendments be considered, these will be considered in accordance with the conditions specified in § 21580 and ¶(f) of § 21650 respectively.(1. New article 3.1 (sections 21685-21686) and section filed 6-18-97; operative 7-18-97 (Register 97, No. 25). 2. Change without regulatory effect redesignating and amending former subsection (b)(7)(C) to subsection (b)(8), and redesignating former subsection (b)(8) to subsection (b)(9) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11). 3. Amendment of subsections (b)(1) and (b)(5) and new subsections (b)(5)(i)-(iii) filed 2-25-2003; operative 2-25-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 9). 4. New subsections (d)-(d)(9)(B) and subsection relettering filed 11-17-2005; operative 12-17-2005 (Register 2005, No. 46). 5. Amendment of section heading and section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11). 6. Amendment of section heading and subsections (a), (b), (b)(4)(B) and (b)(5),new subsection (b)(6), subsection renumbering and amendment of newly designated subsections (b)(7)(A) and (b)(8) and subsections (c),(d), (d)(2), (d)(6)(C), (d)(7)-(d)(7)(A) and (d)(8)(B)-(d)(9) filed 4-9-2010; operative 7-1-2010 (Register 2010, No. 15).)
Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43103, 44007- 44010 and 44014, Public Resources Code.
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