Workshop

1
Workshop

• Regulatory Development Plan Public Hearing
  (AB1497) and Modifications to Solid Waste
  Facility Permit Process

2
Why a plan?

• Implementation of statutory requirements
• PRC 44004(i)(1-2)
• Public hearing for permit revisions
• Define significant change in design or operation
  of the solid waste facility that is not
  authorized by the existing permit
• Implementation of Board direction relative CDI
• Public hearings, fire prevention plans, surprise
  random inspections, and three strikes
• Discuss, define, and implement clarifications and
  improvements to the permit process

3
Regulatory Concepts

• LEA public hearing requirements (PRC 44004 and
  CDI)
• Define significant change
• CDI - Three Strikes, Fire plans, Inspections
• Miscellaneous permit changes
• Clarifications and consistency

4
LEA Public Hearing Requirements

• Actions requiring a LEA public hearing
• PRC 44004(h) revised permits
• CDI new permits
• Title 27 section 21565exemptions
• PRC 44300 denial of a permit hearing panel
• PRC 44305 suspension of a permit- hearing panel
• PRC 44306 revocation of a permit hearing
  panel
• PRC 45010 imposition of admin civil penalties
  hearing panel requested by governing body

Hearings
5
CDI Public Hearing

• Section 17383.10 Public Hearing.
• Full and Registration permits
• LEA hearing or other hearing within a year
  previous to receipt of application
• Can be combined with other hearing if LEA
  participates
• Full before proposed permit sent to Board
• Registration before LEA issues permit
• Notice pursuant to Government Code Section 65091
• Notice to the governing body, Assembly Member,
  State Senator
• LEAs may do additional notice
• The hearing location not more than five (5) miles
  from the facility or as reasonably practical.
• The hearing logistic enables attendance by
  residents
• LEA statement to Board that hearing requirements
  were met
• Operator may pay cost

Hearings
6
Government Code 65091, 65094

• 10 day notice to project landowner, applicant,
  local agencies providing services to project
• 10 day notice landowners with 300 feet, if over
  1,000 landowners, can use newspaper notice
• Additional newspaper notice or posting in at
  least 3 public places within local jurisdiction
• Notice to include date, time, place, hearing
  body, explanation/description, project location

7
Exemptions From Permits

• 21565. CIWMB - Exemptions from Requirement of a
  Permit
• After a public hearing the EA may grant an
  exemption from a permit
• (1) The exemption is not against the public
  interest.
• (2) The quantity of solid wastes is
  insignificant.
• (3) The nature of the solid wastes poses no
  significant threat to health, safety, or the
  environment.
• 7 solid waste facilities types that may be
  exempted
• Public hearing to rescind exemption
• Forward exemption and rescissions to Board within
  7 days

Hearings
8
PRC 44004 (h)

• LEA shall hold public hearing before determining
  to
• Allow the change without a permit revision
• Disallow the change
• Allow the change through a permit revision
• Require CEQA review before making a decision
• Notice of the hearing pursuant to GC Section
  65091, and
• notice to property owners within 300 feet
  (specified in regs)
• notice to the Board
• 10 day notice to any person who filed a request
• may charge a fee, may require annual renewal
• Consider environmental justice,
  limited-English-speaking pop.
• The Board shall adopt regulations for hearing
  requirements
• to the extent resources are available, consider
  recommendations of the Working Group on
  Environmental Justice and the Advisory Group

Hearings
9
Draft Proposed Initial Approach For Public
Hearings

• Clarify hearing as informational public meeting
  for community and interested parties
• no decision being made at meeting
• information provided and input received
• Address CDI requirements with Permit Revision
  Requirements (PRC 44004)
• public meetings for revised permits and new
  registration and full permits
• Flexibility to use other meetings if notice is
  consistent and LEA participates
• Within a certain period of time, if project has
  not changed
• Clarify timing of meeting if during the permit
  process
• Notice and meeting logistics to consider EJ

Hearings
10
Significant Change

• Current Regulations
• Change of Owner, Operator, or Address Title
  27 section 21670
• Change in Operation
  Title 27 section 21620
• Report of Facility Information Amendments Title
  27 section 21665
• 1987 - Boards Advisory Committee on Significant
  Change

Sig Change
11
Change in Owner, Operator, AddressTitle 27
Section 21670

• LEA reviews O/O submittal (21630)
• O/O affirmed will operate facility according to
  permit
• RFI reflecting new O/O
• Board FA Confirmation
• LEA determines if O/O can operate w/in terms and
  conditions of permit
• Adequate 30 days to inform O/O and Board
• w/in 15 days, LEA sends changed permit to Board
  and O/O
• Inadequate - w/in 30 days LEA informs O/O and
  Board of basis
• 7 day notice to LEA and Board after address
  change

Sig Change
12
Change In Operation Title 27 Section 21620, 21655

• File application and RFI amendments when
  proposing significant change in design or
  operation, unless otherwise determined by LEA
• LEA approve RFI amendment without revision
• Consistent with CEQA document, change would not
  create adverse environmental impacts, or exempt
• Consistent with state minimum standards,
  including financial assurances
• Does not conflict with terms and conditions in
  permit
• Amendments or lack thereof may become basis for
  changes to permit pursuant to Section 21665
• Apply for permit revision if change does not meet
  Section 21665 requirements
• If fail criteria, either require revision or deny
  amendments

Sig Change
13
Boards Advisory Committee On Significant Change

• April 1987
• Areas of Concern
• q permitted tonnage q
  Permitted area
• q Types and volumes of waste q Facility design
• q Operating hours/days q Service area
• q Excavation depth height q Facility user
  traffic
• q Surrounding land use q Salvage ops
• q Closure q Closure date
• Change in area of concern requires LEA
  evaluation, consultation with local and state
  agencies

Sig Change
14
Draft Proposed Initial Approach For Significant
Change

• Start from current regulations and advisory
  committee report
• Significant change triggers LEA in-depth
  evaluation, consultation
• Define modified permit process
• Less than significant changes requiring a change
  to permit
• Modeled after current delegated approval

Sig Change
15
CDI Three StrikesTitle 14 Section 17383.5(k)

• Registration permit
• Residual, tonnage, amount on site
• 3 or more violations w/in 2 years
• Cease accepting material until in compliance
• Apply for full permit

CDI 3 Strikes
16
Draft Proposed Initial Approach For Three Strikes

• Trigger for review of permit
• Review of operations (notification)
• Tier requirement compliance issues
• LEA determination
• Trigger by violation number within set period of
  time

CDI 3 Strikes
17
CDI Fire Plan

• Part of the RFI
• Measures to prevent and control fires, mitigate
  impacts from a fire
• Local fire authority/operator arrangements for
  fire prevention, control suppression
• Evidence of submittal to fire authority for
  review
• Evidence that fire authority finds compliance
  with requirements
• Amend as necessary
• If not amended could lead to permit revocation or
  suspension

CDI Fire Plan
18
Draft Proposed Initial Approach For Fire Plan

• Required for all facilities
• LEA review for completeness
• Evidence of submittal to fire authority
• Lack of response from authority will not hold up
  permit or amendments to plan

CDI Fire Plan
19
CDI - Inspections

• Inserted for each type of CDI facility.
• To the greatest extent possible, all inspections
  shall be unannounced and shall be conducted at
  irregular intervals.
• Draft Proposed Initial Approach For Inspection
• Insert similar language into Title 14 18083 LEA
  Duties and Responsibilities for Inspections

CDI Inspections
20
Misc. Permit

• CEQA review determination (registration)
• Notice for review (registration, standardized)
• Community outreach data tracking

Draft Proposed Initial Approach For Misc. Permit

• CEQA review completed prior to registration
  permit
• issuance
• LEA notices operator regarding permit review
• Mechanism to track all community outreach
  efforts
• for proposed project or change

Tier Process
21
Other Clarifications and Consistency

• Clarify time waivers after application is
  complete and correct
• Clarify the timing of LEA discretionary approval
• RFI consistent with the revised permit
  application form
• Proposed permit submittal (e-mail)
• Clarify the relationship between the SWFP and
  land use approvals

22
Draft Proposed Initial Approach for Regulatory
Development Plan

• Package A
• LEA - Public hearing for permit actions including
  CDI, revised permits, new permits
• Significant change definition
• Modified permit process
• Package B
• Three strikes, Noticing for permit review, CEQA
  timing for registration, Community outreach data
  tracking
• Package C
• Permit time waiver, LEA compliance with CEQA in
  permit process, RFI/Application, Land use/SWF,
  Permit submittal by e-mail, Fire plan, Inspections