California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 6 - Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests › Article 3 - Permit Issuance, Review, Revision, Revocation, Denial, Suspension, Reinstatement, Change of Owner, Operator, and/or Address › Section 18425 - Permit Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  With the exception of subsection (d), within 180 days of accepting a complete
				  and correct application, the Department shall either issue a permit or deny the
				  issuance of a permit in accordance with Subsections (b) and (c), respectively,
				  unless the applicant requests an extension of time.
(b) Upon the applicant's compliance with this
				  Chapter, the Department may make findings and issue the permit as provided in
				  this Article. The permit shall specify the conditions under which the waste
				  tire facility shall comply with applicable sections of the Public Resources
				  Code and the California Code of Regulations.
(c) If the Department denies the issuance of
				  a permit, it shall accompany its denial with a written explanation of its
				  action.
(d) If the Department is
				  lead agency for the project, as defined in Government Code section
				  65929, for
				  which an environmental impact report shall be prepared pursuant to Public
				  Resources Code section
				  21100,
				  the Department shall have one year, from the date the application was accepted
				  as complete and correct, to issue or deny the issuance of a permit in
				  accordance with subsections (b) and (c), respectively. If there has been an
				  extension of time pursuant to Public Resources Code section
				  21100.2
				  to complete and certify the environmental impact report, the Department shall
				  issue a permit or deny the issuance of a permit in accordance with subsections
				  (b) and (c), respectively, within 90 days after certification of the
				  environmental impact report. This extension of time may be extended once for an
				  additional period, not to exceed 90 days, upon consent of both the applicant
				  and the Department.
(e) A copy of
				  the current permit shall be made available upon request to the Department or an
				  authorized employee or agent of the Department during an inspection of the
				  facility.
1. New
					 section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21).
					 A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 5-29-92 as an emergency; operative
					 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted
					 to OAL by 10-6-92 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 9-28-92 as an emergency;
					 operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-3-92 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate
					 of Compliance must be transmitted to OAL 6-2-93 or emergency language will be
					 repealed by operation of law on the following day.
5. Editorial
					 correction of printing error in article heading (Register 93, No.
					 5).
6. Certificate of Compliance as to 1-25-93 order transmitted to
					 OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
7.
					 New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No.
					 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or
					 emergency language will be repealed by operation of law on the following
					 day.
8. Editorial correction of HISTORY 4 (Register 93, No.
					 26).
9. Certificate of Compliance as to 6-22-93 emergency order
					 including amendment of subsection (d) and adoption of subsection (f)
					 transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No.
					 45).
10. Renumbering and amendment of former article 4 to article 3,
					 repealer of subsection (e), subsection relettering and amendment of NOTE filed
					 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
11. Amendment
					 of article heading and section filed 9-29-2014; operative 10-29-2014 pursuant
					 to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 40).
Note: Authority cited: Sections
						40502,
						42820
						and
						42830,
						Public Resources Code. Reference: Sections
						42821,
						42822,
						42832,
						42833,
						42840
						and
						42841,
						Public Resources Code and Sections
						15376 and
						65920-
						65961,
						Government Code.