California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 21 - Procedures for Hazardous Waste Permit Decisions › Article 4 - 4. Board of Environmental Safety › Section 66271.72 - Appeal of Decisions to Grant, Issue, Modify, or Deny Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Petitioning for
				  review of a final hazardous waste facility permit decision.
(1) Matters Subject to Appeal. The Board of
				  Environmental Safety ("Board") hears and decides appeals from decisions to
				  grant, issue, modify or deny hazardous waste facility permits, except that
				  class 1 permit modification decisions are not subject to appeal. Appeals are
				  limited to decisions made by the Department's Permitting Division pursuant to
				  chapter 6.5 of division 20 of the Health and Safety Code, and do not encompass
				  decisions made by the Department's Permitting Division pursuant to other
				  statutes, including but not limited to the California Environmental Quality Act
				  at division 13 of the Public Resources Code.
(2) Appeals of Temporary Authorization
				  Decisions -- Expedited Process. Any person may appeal the decision to approve
				  or deny a temporary authorization, by filing a notice of appeal using Special
				  Appeal Form BES 2302 no later than 30 calendar days after notice of the
				  decision pursuant to paragraph (1) of subsection (f) of section
				  66270.42. The notice of appeal
				  shall include a brief statement explaining why the appellant's appeal should be
				  granted. Upon receipt of Special Appeal Form BES 2302, the Board Clerk shall
				  request that the Department's Permitting Division file a brief statement
				  responding to the notice of appeal no later than 30 days after receipt of the
				  request. The appeal shall be decided by the Board at a hearing held pursuant to
				  subsection (c) of this section without issuing an initial order pursuant to
				  subsection (b) of this section. Paragraphs (3), (4), (5), and (6) of subsection
				  (a) of this section are not applicable to appeals filed pursuant to this
				  paragraph.
(3) Initiating an
				  Appeal; Timing. Except as provided in paragraph (2) of subsection (a) of this
				  section, an appeal from a decision to grant, issue, modify or deny a hazardous
				  waste facility permit shall be initiated by the filing of both of the
				  following:
(i) Standard Appeal Form BES 2301
				  no later than 30 calendar days after notice of the final permit decision
				  pursuant to either subsection (a) of section
				  66271.14 or paragraph (1) of
				  subsection (f) of section
				  66270.42; and
(ii) a petition meeting the requirements of
				  paragraph (4) of subsection (a) of this section no later than 60 calendar days
				  after notice of the final permit decision pursuant to either subsection (a) of
				  section 66271.14 or paragraph (1) of
				  subsection (f) of section
				  66270.42.
(4) Petition; Statement of Reasons. The
				  petition filed pursuant to subparagraph (ii) of paragraph (3) of subsection (a)
				  of this section shall contain a statement of reasons raising one or more issues
				  with the decision to grant, issue, modify or deny the permit, or with the
				  inclusion or omission of any condition(s) in the permit. Except as provided in
				  paragraphs (6) and (7) of subsection (a) of this section, the petition shall
				  demonstrate that all issues raised in the statement of reasons relate to
				  matters that appeared for the first time in the final permit, or were
				  previously raised in comments or testimony provided to DTSC during public
				  review of the draft permit or modification, which shall be supported by
				  citations to the final permit record described in section
				  66271.17, including the document
				  name and page number.
(5) Standing
				  to File. After filing a timely notice of appeal, and subject to paragraphs (6)
				  and (7) of subsection (a) of this section, only a person who filed comments on
				  the draft permit or participated in the public hearing (if any) on the draft
				  permit, may file a petition pursuant to subparagraph (ii) of paragraph (3) of
				  subsection (a) of this section.
(6)
				  Failure to Participate. Any person who failed to file comments with the
				  Department's Permitting Division, or failed to participate in the public
				  hearing (if any) on the draft permit, may file a petition with the Board, which
				  must contain a statement of reasons raising one or more of the issues listed in
				  paragraph (3), but the petition shall be limited to matters that appeared for
				  the first time in the final permit or issues that could not have been raised
				  during public review of the draft permit.
(7) Board Discretion to Accept Petitions. By
				  majority vote at a public meeting and upon a showing of good cause, the Board
				  in its discretion may waive the application of paragraphs (5) and (6) of
				  subsection (a) of this section.