reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18090.2 - Grant Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The total amount of grants made by the Board pursuant to this article shall not
				  exceed, in any one fiscal year, the amount specified by law.
(b) The total grant amount shall be
				  distributed among the applicants on a pro-rata basis with each LEA receiving a
				  Board established base grant, in no event less than $15,000, plus an additional
				  amount based on the population of the jurisdictions served by the LEA and the
				  number of active, permitted solid waste facilities located within those
				  jurisdictions.
(c) Each Regional
				  LEA shall receive a base grant multiplied by the number of counties for which
				  the LEA is responsible, plus an additional amount based on the population of
				  the jurisdictions served by the Regional LEA and the number of active,
				  permitted solid waste facilities located within those jurisdictions.
(d) All population statistics will be
				  obtained through the most current annually revised Department of Finance Report
				  on Population Estimates for California Cities and Counties.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18090.3 - Use of LEA Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) LEA grant funds shall be used exclusively
				  for the purpose of carrying out the approved solid waste facilities permit and
				  inspection program. Any unauthorized use of LEA grant funds may result in the
				  termination of the grant agreement, repayment of funds and/or return of all
				  unused portions of the grant to the Board.
(b) Any unused portions of an LEA grant
				  awarded pursuant to this article for a designated fiscal year shall be returned
				  to the Board.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18091.1 - Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applications for LEA grants will be
				  accepted by mail during the time period specified in the application package.
				  Applications sent by facsimile transmission or hand-delivered applications will
				  not be accepted.
(b) An LEA or
				  Regional LEA that is eligible for a grant award pursuant to Section
				  18090.1 of this Chapter, shall
				  submit a grant application to the Board. The purpose of the grant application
				  is to identify the local agency positions authorized to administer the grant
				  program and to provide the Board the basis on which to evaluate appropriate
				  grant use. The grant application shall include the following:
(1) A Statement of Use describing the
				  program's goals or objectives and stating how the grant funds will be used to
				  implement the program;
(2) A Budget
				  Report listing all proposed grant expenditures, which may include the cost of
				  staffing, third party contracts, training, travel and purchase of equipment or
				  materials; and
(3) A certified copy
				  of an approved resolution from each applicant's governing body authorizing
				  submittal of the application and identifying the position of the individual who
				  is authorized to execute all agreements and other documents necessary to carry
				  out the program.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18092.0 - Review of Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Board staff shall review each grant
				  application to verify that it is complete and satisfies the criteria contained
				  within Section
				  18091.1 of this Chapter.
(b) Board staff may request additional
				  information related to the grant application required pursuant to Section
				  18091.1 of this Chapter. The
				  applicant will have ten (10) working days, or an additional time period
				  specified by Board staff to submit the requested information.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18093.0 - Grant Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The grant recipient and the Board shall
				  enter into a written grant agreement that defines the grant term; contains a
				  description of the approved program; and ensures compliance with the conditions
				  specified in this Article.
(b) The
				  grant recipient shall submit a final report on or before one hundred-twenty
				  (120) days following completion of the grant cycle. The report shall include
				  any amendments to the grant program; provide a description of the
				  implementation of the program; and, provide detailed expenditure information
				  that enables the Board to determine the specific use of all grant
				  funds.
(c) Grant recipients shall
				  comply with all applicable federal, state and local laws, ordinances,
				  regulations and permits.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18093.1 - Payment of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grants will be awarded annually each year
				  subject to the availability of funds.
(b) Grant recipients will be advanced ninety
				  percent (90%) of their grant funds. All grant funds must be placed in an
				  interest-bearing account with a fully insured financial institution. The
				  grantee shall track interest accrued on the advance payment. Interest earned
				  from the account shall be used only for eligible grant related expenses or
				  returned to the Board.
(c) The
				  Board will withhold ten percent (10%) of the total grant funds until
				  satisfactory completion of the project and approval of grantee's final report
				  and payment request.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 2.3 - LEA Grants › Section 18094.0 - Auditing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board, the
				  Department of General Services, the Bureau of State Audits, or their designated
				  representative shall have the right to review and to copy any records and
				  supporting documentation pertaining to the performance of this Grant. Grant
				  recipients shall maintain such records for possible audit for a minimum of
				  three (3) years after final payment unless a longer period of records retention
				  is stipulated, or until resolution of issues which may arise as a result of any
				  audit, litigation, or claim negotiation.
(b) Grant recipients shall maintain an
				  accounting system which utilizes generally accepted accounting principles and
				  practices. In addition to accounting records, all source documents associated
				  with the accounting records shall be maintained. Source documents include, but
				  are not limited to, bid summaries, contracts with the grant recipient, change
				  orders showing approval by a city or county engineer, purchase orders,
				  invoices, paid warrants, time sheets, labor distribution reports and payroll
				  registers.
1. New
					 section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
					 35).
Note: Authority cited: Section
						43231,
						Public Resources Code. Reference: Sections
						43230
						and
						43232,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18100 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article
				  sets forth the method of application for a tiered solid waste facilities
				  permit, procedures for review and action on an application package, and other
				  requirements associated with regulatory tiers. This Article also includes
				  provisions regarding permit maintenance following issuance and other
				  requirements associated with solid waste handling operations. Similar
				  provisions regarding a full solid waste facilities permit can be found in Title
				  27, Division 2, Subdivision
				  1, Chapter 4, Subchapter 3,
				  Articles 2.0-3.2 of the California Code of Regulations (commencing with section
				  21570).
(b) The provisions of this Article shall
				  apply only to those operations and facilities as specified in the minimum
				  standards set forth in Chapters 3.0, 3.1, or 3.2 of Division 7 of this
				  Title.
(c) The submittal of an
				  enforcement agency notification (in accordance with section
				  18103) or issuance of a tiered
				  permit supersedes any previously submitted enforcement agency notification or
				  issued tiered permit.
(d) Specific
				  provisions relating to the different types of regulatory tiers may be found
				  below as follows:
(1) Excluded
section
							 18102
(2) Notification of Enforcement Agency
sections
							 18103 -
							 18103.3
(3) Registration Permit
sections
							 18104 -
							 18104.9; and
(4) Standardized Permit
sections
							 18105 -
							 18105.11.
1. New
					 article 3.0 (sections
					 18100-18105.11) and section filed
					 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or
					 3.1 of Division 7 of this Title are filed with the Secretary of State and
					 become effective and operative (Register 95, No. 9).
2. Change
					 without regulatory effect repealing first paragraph filed 10-26-95 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 95, No. 43).
3. Amendment of section and NOTE
					 filed 3-5-99; operative 3-5-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 11).
4. Amendment of subsection (b) filed
					 11-10-2015; operative 1-1-2016 (Register 2015, No.
					 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						40053,
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18102 - Excluded Solid Waste Handling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Operators of excluded operations designated by the minimum
					 standards set forth in Division 7 of this Title are not required to notify the
					 enforcement agency or submit an application for a solid waste facilities
					 permit. Nothing in this section precludes the enforcement agency or the
					 Department from inspecting an excluded operation to verify that the operation
					 is being conducted in a manner that qualifies as an excluded operation or
					 taking any appropriate enforcement action.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No.
					 46).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						43020,
						44100(a),
						44101(a)
						and
						45200,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18103 - Enforcement Agency Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The enforcement agency notification
				  provisions of this Article shall apply only to operations as specified in the
				  minimum standards set forth in Chapters 3, 3.1, or 3.2 of Division 7 of this
				  Title.
(b) Sections
				  18103.1 through
				  18103.3 establish the requirements
				  for compliance with enforcement agency notification as follows:
(1) Filing Requirements
section
							 18103.1;
(2) Record Keeping Requirements
section
							 18103.2; and
(3) Termination of Operation
section
							 18103.3.
(c)
				  Operations authorized to use the enforcement agency notification tier are
				  required to operate in accordance with the minimum standards set forth in
				  Chapters 3, 3.1, or 3.2 of Division 7 applicable to that operation.
(d) Nothing in this section precludes the
				  enforcement agency or the Department from the following: inspecting an
				  operation to verify that the operation is being conducted in a manner that
				  qualifies for the enforcement agency notification tier; inspecting to verify
				  that the operation is in compliance with the minimum standards; or, taking any
				  appropriate enforcement action, including the use of a 'notice and
				  order.'
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment of subsections (a), (c) and (d) filed 11-10-2015; operative 1-1-2016
					 (Register 2015, No. 46).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Sections
						43020,
						44100(a),
						44101(a)
						and
						45200,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18103.1 - Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any operator proposing to engage in solid
				  waste handling pursuant to an enforcement agency notification shall notify the
				  enforcement agency of its intent to operate in writing prior to commencing
				  operations. This written notification shall be legible and include the
				  following information:
(1) The name, address,
				  and phone number of the proposed operation; the name, address, and phone number
				  where the operator can be contacted if these differ from the operation site;
				  and, the name, address, and phone number of the owner if these differ from the
				  operator.
(2) The section in
				  Chapters 3, 3.1, or 3.2 of Division 7 of this Title authorizing eligibility for
				  this tier and a description of the facility's operations, including but not
				  limited to, volume and types of wastes/material handled, peak and annual
				  loading, and hours of operation. Secondary material processing operations shall
				  include the operation's boundary area.
(3) Documentation that the operator has
				  notified the local planning department with jurisdiction over the site of its
				  intent to commence operations.
Documentation may include proof of compliance with CEQA,
					 correspondence from the local planning department that compliance with the
					 California Environmental Quality Act is not required for the operation to
					 obtain local land use approval or written notice to the local planning
					 department of the operator's intent to commence operations.
(4) A statement by the owner and operator
				  certifying under penalty of perjury that the information which they have
				  provided is true and accurate to the best of their knowledge and
				  belief.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18103.2 - Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The enforcement agency shall retain the notification
					 received pursuant to section
					 18103.1 which shall be publicly
					 available during normal business hours. The enforcement agency shall forward a
					 copy of the notification to the Department within five days of receipt. The
					 enforcement agency shall retain a copy of the notification for a minimum of one
					 year after the facility is known to have ceased operations.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No.
					 46).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						43020,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18103.3 - Termination of Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person intending to cease operations shall notify the
					 enforcement agency in writing at least 15 days prior to the cessation of
					 operations.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No.
					 9).
Note: Authority cited: Sections
						40502
						and
						43020,
						Public Resources Code. Reference: Section
						43020,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104 - Registration Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The registration permit provisions of this Article shall apply only to solid
				  waste facilities as specified in the minimum standards set forth in Chapters 3,
				  3.1, or 3.2 of Division 7 of this Title.
(b) A registration permit shall be deemed to
				  incorporate by reference, as terms and conditions of the permit, all minimum
				  standards applicable to it, as set forth in Chapters 3, 3.1, or 3.2, of
				  Division 7.
(c) Sections
				  18104.1 through
				  18104.9 establish the requirements
				  for a registration permit as follows:
(1)
Filing Requirements
section
							 18104.1;
(2)
Enforcement Agency Processing
							 Requirements
section
							 18104.2;
(3)
Record Keeping Requirements
section
							 18104.3;
(4)
Completeness Appeal
section
							 18104.4;
(5)
Change in Operation
section
							 18104.5;
(6)
Change in Owner
section
							 18104.6;
(7)
Permit Review & Reissuance
section
							 18104.7;
(8)
Suspend/Revoke
section
							 18104.8, and
(9)
Voiding of a Registration Permit
section
							 18104.9.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment of subsections (a)-(b) filed 11-10-2015; operative 1-1-2016 (Register
					 2015, No. 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021,
						43000-
						45802
						and
						50000-
						50002,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.1 - Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any operator proposing to operate a solid waste facility
					 pursuant to a registration permit shall file an application using form CIWMB 83
					 "Registration Permit Application" (rev. 12/96), which is incorporated herein by
					 reference, with the enforcement agency. The application shall be accompanied
					 companied by the fee specified by the enforcement agency pursuant to Public
					 Resources Code Section
					 44006(c).
					 (See Appendix A.) This application shall contain the following
					 information:
(a) The name and address
				  of the enforcement agency, and the section in Chapters 3, 3.1, or 3.2 of
				  Division 7 of this Title authorizing eligibility for this tier.
(b) General description of the facility
				  including, but not limited to name, location, site map, and location
				  map.
(c) Facility information,
				  including, but not limited to, volume and type of waste/material; handled, peak
				  and annual loading, hours of operation, traffic, facility size, site capacity,
				  and operating area.
(d) Operator
				  information, including identification of the land owner, his/her address and
				  telephone number; identification of the facility operator, his/her address and
				  telephone number; and the address(es) at which process may be served upon the
				  operator and owner.
(e) Conformance
				  finding information as follows:
(1) Until a
				  countywide or regional agency integrated waste management plan has been
				  approved by the Department, 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 Section
				  50000;
				  and that the facility is consistent with the city or county General
				  Plan.
(2) After a countywide or
				  regional agency integrated waste management plan has been approved by the
				  Department, 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
				  to be identified in any of these elements pursuant to Public Resources Code
				  Section
				  50001.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.2 - Enforcement Agency Processing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of an application filed
				  pursuant to Section
				  18104.1, the enforcement agency
				  shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every
				  person who has submitted a written request to be notified of any
				  application.
(c) Within 30 days of
				  receipt, the enforcement agency shall review the application to determine
				  whether it meets the requirements of Section
				  18104.1.
(d) If the enforcement agency finds the
				  application is complete and correct pursuant to Section
				  18104.1, it shall be accepted for
				  filing and stamped with the date and time of acceptance.
(e) The enforcement agency shall provide
				  notice pursuant to Title 27 Section
				  21660.3 prior to issuance of the
				  solid waste facilities permit.
(f)
				  When an application is accepted for filing, the enforcement agency shall issue
				  a registration permit by mailing an executed form CIWMB 81 "Registration
				  Permit" (rev. 1/95), which is incorporated herein by reference, to the
				  applicant. Form CIWMB 81, along with a copy of the accepted application, must
				  be mailed to the applicant within five days of filing. (See Appendix
				  A.)
(g) The enforcement agency
				  shall provide a copy of the registration permit to the Department and to any
				  person who has so requested in writing.
(h) If the enforcement agency finds that the
				  application is not complete and correct pursuant to 18104.1, it shall not be
				  accepted for filing. A copy of the rejected application accompanied by an
				  explanation shall be mailed to the applicant within five days.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Change without regulatory effect amending subsection (e) filed 4-2-96 pursuant
					 to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 14).
3. Amendment of subsections (a)
					 and (c), new subsection (e) and subsection relettering filed 3-14-2007;
					 operative 4-13-2007 (Register 2007, No. 11).
4. Amendment of
					 subsection (g) filed 11-10-2015; operative 1-1-2016 (Register 2015, No.
					 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.3 - Record Keeping Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The enforcement agency shall maintain a
				  current list of all pending applications at its offices. The list shall be
				  publicly available during normal business hours.
(b) Written public comments on an application
				  shall be retained by the enforcement agency.
(c) The enforcement agency shall forward
				  copies of any written public comments received on an application to the
				  Department with the registration permit submitted pursuant to section
				  18104.2(f).
(d) Subsequent to the transmittal of the
				  registration permit to the Department, the enforcement agency shall within five
				  days of receipt provide a copy of any additional written public comments to the
				  Department unless the comment clearly states that a copy has already been
				  provided to the Department.
(e) If
				  an application is denied, the enforcement agency shall retain public comments
				  received on that application for a period of 2 years. If a previously denied
				  permit is approved, all comments received shall be forwarded to the Department
				  with the copy of the registration permit submitted under subsection (c)
				  above.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment of subsections (c)-(e) filed 11-10-2015; operative 1-1-2016 (Register
					 2015, No. 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.4 - Completeness Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an application is determined to be incomplete, the
					 applicant may appeal that determination to the enforcement agency within 15
					 days of the date that notification was received. Such an appeal must be in
					 writing and specify the grounds for the appeal. A final written determination
					 on the appeal shall be made by the hearing panel or hearing officer designated
					 pursuant to section
					 44800
					 of the Public Resources Code, no later than 60 days after receipt of the
					 applicant's appeal.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Change without regulatory effect amending section filed 10-17-2007 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2007, No. 42).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.5 - Change in Operation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A new registration permit application shall be submitted
					 when an operator proposes a change in operation or to transfer his/her permit
					 for the same operation to another operator, or if the enforcement agency
					 determines that a change in facility operations has occurred.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No.
					 9).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.6 - Change in Owner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  operator shall notify the enforcement agency in writing if a person, who owns
				  property on which the solid waste facility is located, is encumbering, selling,
				  transferring, or conveying the property, or part thereof; or allowing the
				  property, or part thereof, to be encumbered, sold, transferred, or conveyed.
				  The operator shall notify the enforcement agency at least 15 days prior to such
				  action by the owner, or within 7 days of receiving notice of such action by the
				  owner, whichever comes first. The enforcement agency shall transmit a copy of
				  the notification to the Department within five days of receipt.
(b) Any information provided pursuant to
				  subdivision (a) of this section shall not be a matter of public record and
				  shall be considered confidential until such time as the owner's encumbering,
				  selling, transferring, or conveying of the property, occurs.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment of subsection (a) filed 11-10-2015; operative 1-1-2016 (Register
					 2015, No. 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Section
						6255,
						Government Code; and Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.7 - Permit Review and Reissuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every registration permit shall be
				  reviewed at least once every five years from the date of issuance or
				  reissuance.
(b) The enforcement
				  agency shall notify the operator 60 days before the registration permit is due
				  for review.
(c) No fewer than 35
				  days before the registration permit is due for review, the operator shall
				  submit either a certification that the information contained in the controlling
				  registration permit is current, or shall file a new application pursuant to
				  Section 18104.1.
(d) If an operator files a certification as
				  specified in subsection (c) above or a new application pursuant to Section
				  18104.1, the enforcement agency
				  shall follow the procedures set forth in Sections
				  18104.2 and
				  18104.3.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment of subsections (b)-(d) filed 3-14-2007; operative 4-13-2007 (Register
					 2007, No. 11).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						44015,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.8 - Suspend/Revoke

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any registration permit may be suspended or revoked by the
					 enforcement agency for cause pursuant to section
					 44305
					 or
					 44306
					 of the Public Resources Code. Any such action shall be undertaken by the
					 enforcement agency using the procedures set forth in Article 2, Chapter 4 of
					 the Public Resources Code (section
					 44305
et
					 seq.
).
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Change without regulatory effect amending section and NOTE filed 6-21-2002
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2002, No. 25).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						44305-
						44310,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18104.9 - Voiding of a Registration Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every registration permit shall be void 30 days after
					 cessation of operations. Any operator who intends to cease operations shall
					 notify the enforcement agency of his/her last proposed date of operation at
					 least 15 days in advance. The enforcement agency shall forward a copy of this
					 notification to the Department within 7 days. "Cessation of operations" does
					 not include temporary operational shutdowns which are seasonal or intermittent
					 in nature.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment filed 11-10-2015; operative 1-1-2016 (Register 2015, No.
					 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18105 - Standardized Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The standardized permit provisions of this Article shall apply only to solid
				  waste facilities as specified in the minimum standards set forth in Chapters 3,
				  3.1, or 3.2 of Division 7 of the Title.
(b) A standardized permit obtained pursuant
				  to this Article shall contain only those terms and conditions applicable to the
				  type of facility receiving it as set out in the minimum standards for that type
				  of facility.
(c) Sections
				  18105.1 through
				  18105.11 establish the
				  requirements for a standardized permit as follows:
(1)
Filing Requirements
section
							 18105.1;
(2)
Enforcement Agency Processing
							 Requirements
section
							 18105.2;
(3)
Record keeping Requirements
section
							 18105.3;
(4)
Completeness Appeal
section
							 18105.4;
(5)
Department Processing Requirements
section
							 18105.5;
(6)
Appeal of Decision
section
							 18105.6;
(7)
Change in Operation
section
							 18105.7;
(8)
Change in Owner
section
							 18105.8;
(9)
Permit Review
section
							 18105.9;
(10)
Suspend/Revoke
section
							 18105.10; and
(11)
Voiding of a Standardized Permit
section
							 18105.11.
1. New
					 section filed 3-1-95; operative when the minimum standards to be set forth in
					 Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of
					 State and become effective and operative (Register 95, No. 9).
2.
					 Amendment of subsections (a) and (c)(5) filed 11-10-2015; operative 1-1-2016
					 (Register 2015, No. 46).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020,
						43021
						and
						43000-
						45802,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18105.1 - Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any operator proposing to operate a solid waste facility
					 eligible for a standardized permit shall file an application in duplicate with
					 the enforcement agency accompanied by the fee specified by the enforcement
					 agency pursuant to Public Resources Code Section
					 44006(c).
					 This application shall contain the following information:
(a) The name and address of the enforcement
				  agency, and the section in Chapters 3, 3.1, or 3.2 of Division 7 of this Title
				  authorizing eligibility for this tier.
(b) General description of the facility
				  including, but not limited to name, location, site map, and location
				  map.
(c) Facility information,
				  including, but not limited to, volume and types of waste/material handled, peak
				  and annual loading, hours of operation, traffic, facility size, site capacity,
				  and operating area.
(d) Operator
				  information, including identification of the land owner, his/her address and
				  telephone number; identification of the facility operator, his/her address and
				  telephone number; and the address(es) at which process may be served upon the
				  operator and owner.
(e) A Report of
				  Facility Information that contains all of the information required by the
				  applicable section(s) of Article 3.2, Chapter 5, of this Division.
(f) One of the following:
(1) Evidence that there has been compliance
				  with the California Environmental Quality Act, Division 13 (commencing with
				  Section 21000) of the Public Resources
				  Code, regarding the facility; or,
(2) Information on the status of the
				  application's compliance with the California Environmental Quality Act
				  regarding the facility. Once there has been compliance with the California
				  Environmental Quality Act regarding the facility, evidence of compliance shall
				  be submitted to the enforcement agency.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees › Article 3.0 - Regulatory Tier Requirements › Section 18105.2 - Enforcement Agency Processing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of an application filed
				  pursuant to Section
				  18105.1, the enforcement agency
				  shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every
				  person who has submitted a written request to be notified of any
				  application.
(c) Within 30 days of
				  receipt, the enforcement agency shall review the application to determine
				  whether it meets the requirements of Section
				  18105.1.
(d) If the enforcement agency finds the
				  application is complete and correct pursuant to 18105.1(a-e) and (g-h), it
				  shall be accepted for filing.
(e)
				  The application shall be stamped with the date and time of
				  acceptance.
(f) If the enforcement
				  agency finds that the application is not complete and correct pursuant to
				  18105.1(a-e) and (g-h), it shall not be accepted for filing. A copy of the
				  rejected application accompanied by explanation shall be mailed to the
				  applicant within five days.
(g)
				  Within fifteen days of acceptance of an application for filing:
(1) The enforcement agency shall evaluate the
				  information provided in the application and the proposed facility to determine
				  whether or not the facility will be able to operate in compliance with the
				  applicable minimum standards and standardized solid waste facilities permit
				  terms and conditions.
(2) The
				  enforcement agency shall provide notice pursuant to Title 27 Section
				  21660.3.
(3) If the enforcement agency finds that the
				  application and facility meet the requirements set forth in subdivision (g)(1)
				  of this section then the enforcement agency shall forward the proposed
				  standardized permit, application package, and the results of any analysis to
				  the Department. The enforcement agency shall further provide the applicant with
				  a copy of the proposed standardized permit submitted to the Department. In
				  addition, the enforcement agency shall provide a copy of the proposed
				  standardized permit to any person who has so requested in writing.
(4) If the enforcement agency finds that the
				  application or facility do not meet the requirements set forth in subdivision
				  (g)(1) of this section, the enforcement agency shall reject the application. A
				  copy of the rejected application accompanied by an explanation shall be mailed
				  to the applicant.