California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 7 - Special Rules › Article 4 - Dredging › Section 10720 - Commission Procedure for Implementation of Individual in-Bay Dredged Material Allocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission shall commence a formal
				  rulemaking process pursuant to the Administrative Procedures Act to determine
				  whether or not to implement an individual in-Bay dredged material
				  allocation-program either (1) within 45 days of the Executive Director's
				  determination at the triennial reviews starting in 2004 that the average annual
				  volume of dredged material disposed of over the preceding three-year period at
				  the Alcatraz Island, San Pablo Bay, Carquinez Strait, and Suisun Bay Channel
				  in-Bay disposal sites designated by the Commission exceeds the target volume
				  specified in Section
				  10721 or (2) within 45 days of
				  receipt of a written request to make such a determination from the Long Term
				  Management Strategy Management Committee.
(b) The Commission shall also hold a public
				  hearing prior to voting on whether or not to implement an individual in-Bay
				  dredged material allocation and shall otherwise follow the formal rulemaking
				  process pursuant to the Administrative Procedures Act when it determines
				  whether or not to implement such a program.
(c) If an analysis of the factors affecting
				  the need for allocations, including (1) the status of alternatives to in-Bay
				  disposal and cooperative efforts to implement them, (2) exigencies that hamper
				  the use of alternative sites, and (3) other relevant factors and any needed
				  environmental documentation has not been submitted by the LTMS Management
				  Committee as part of the written request or if in-Bay disposal volumes exceed
				  the target volumes, then such an analysis will be prepared by the Commission
				  staff prior to the public hearing on the matter.
(d) The Commission shall vote on whether or
				  not to implement such a program within 60 days of the close of the public
				  hearing. The Commission shall implement a program of individual in-Bay dredged
				  material disposal allocations unless a majority of those Commissioners present
				  and voting vote not to implement the program.
(e) The program will commence no later than
				  six months after the Commission vote if the Commission vote results in a
				  determination to implement an allocation program, provided that the Commission
				  must also complete the formal rulemaking process and any allocation adopted by
				  the Commission must be approved by majority vote as a regulation pursuant to
				  the Administrative Procedures Act before the allocation can go into
				  effect.
1. New
					 article 4 (sections
					 10720-10729) and section filed
					 6-28-2001; operative 7-28-2001 (Register 2001, No.
					 26).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						66632(f)
						and
						66652,
						Government Code; Section
						29008,
						Public Resources Code; and San Francisco Bay Plan, Findings and Policies on
						Dredging, especially Finding s and Policy
						1.