California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 3 - Minimum Standards for Solid Waste Handling and Disposal › Article 5.9 - Construction and Demolition and Inert Debris Transfer/Processing Regulatory Requirements › Section 17385 - Pre-Existing Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  an activity subject to this Article is existing under a Registration Permit or
				  Full Permit on the effective date of this Article, that activity may continue
				  to operate until the operator applies for and obtains the appropriate permit or
				  satisfies the requirements for notification, as applicable, as set forth in
				  this Article. As set forth in section
				  17385(d), the EA
				  shall notify the owner or operator what permit is required under this Article.
				  The operator shall obtain the required permit or satisfy the requirements for
				  notification in the same manner and within the same time frames as set forth in
				  subsection
				  17385(b). For the
				  purposes of this section, "existing" includes activities that are operating and
				  activities that have not commenced operation but have received all local
				  government land use approvals required under applicable law and have commenced
				  physical development of the site or improvements on the site for purposes of
				  the activity.
(b) If an activity
				  subject to this Article is existing and does not have a Registration Permit or
				  Full Permit on the effective date of this Article, that activity may continue
				  to operate in substantially the same manner until the EA determines what permit
				  or other documentation is required for the activity under this Article and
				  notifies the owner or operator in writing of its determination. The EA shall
				  make that determination for all facilities and operations within its
				  jurisdiction no sooner than 30 days and no later than 90 days from the
				  effective date of this Article. If the EA determines that a Full Permit is
				  required, the operator shall apply for and obtain that permit within 180 days
				  from the date the owner or operator receives the EA's written determination,
				  whichever first occurs. If the EA determines that a Registration Permit is
				  required, the operator shall apply for and obtain that permit within 60 days
				  from the date the owner or operator receives the EA's written determination,
				  whichever first occurs. If the EA determines that EA notification under CCR,
				  Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section
				  18100, is required, the operator
				  shall comply with the EA notification requirements within 30 days from the date
				  the owner or operator receives the EA's written determination, whichever first
				  occurs. If an activity subject to this Article fails to obtain the required
				  permit or submit documentation for EA notification within the specified time,
				  the EA shall take appropriate enforcement action.
(c) Notwithstanding anything to the contrary
				  in this Article, until that date which is two (2) years from the effective date
				  of this Article (the "Temporary Permit Expiration Date") or any extension of
				  such Temporary Permit Expiration Date, large volume CDI debris processing
				  facilities which are existing on the effective date of this Article may elect
				  to obtain and operate under a temporary Registration Permit pursuant to
				  subsection (b) above, rather than a Full Permit. Operators of facilities so
				  electing shall obtain temporary Registration Permits in the manner as set forth
				  in subsection (b) above. Operators of large volume CDI debris processing
				  facilities that receive temporary Registration Permits under this subsection
				  (c) shall apply for a Full Permit no later than one (1) year from the date the
				  owner or operator of the facility receives notification from the EA that a Full
				  Permit is required under this Article, whichever first occurs, as provided in
				  subsection (b) above, and shall obtain a Full Permit no later than the
				  Temporary Permit Expiration Date. Notwithstanding, the Temporary Permit
				  Expiration Date may be extended by one or more periods not exceeding a total of
				  three (3) years by the EA (the last such extension is the "Extended Temporary
				  Permit Expiration Date") in the event that the EA finds that an operator, for
				  reasons beyond its control, has been unable to obtain a Full Permit despite
				  having exercised good faith and due diligence in attempting to obtain such a
				  permit. Registration Permits obtained under this subsection (c) are temporary
				  and shall expire no later than the Temporary Permit Expiration Date or the
				  Extended Temporary Permit Expiration Date, whichever is applicable. The Full
				  Permit that the operator obtains shall supercede, and cause the expiration of,
				  the facility's temporary Registration Permit obtained under this subsection
				  (c). If any large volume CDI debris processing facility fails to obtain the
				  required Full Permit within the specified time, the EA shall take appropriate
				  enforcement action.
(d) Waste
				  handling activities which are existing on the effective date of this Article
				  and which handle exclusively construction and demolition wastes, as defined in
				  Section 17225.15 of Article 4 of this
				  Chapter, that do not qualify as C&D debris under this Article shall obtain
				  the appropriate permit as a transfer/processing operation or facility as
				  provided in Articles 6.0 through 6.4, inclusive, of this Chapter.
				  Notwithstanding, such activities shall obtain the necessary permits in the same
				  manner and within the same time frames as if they were operations or facilities
				  subject to this Article, as specified in this Section
				  17385, such that limited volume
				  transfer operations (defined at section
				  17403.3) shall comply with EA
				  notification requirements within 30 days from the date the owner or operator
				  receives the written determination from the EA, whichever first occurs, medium
				  volume transfer/processing facilities (defined at section
				  17403.6) shall obtain a
				  Registration Permit within 60 days from the date the owner or operator receives
				  the written determination from the EA, whichever first occurs, and large volume
				  transfer/processing facilities (defined at 17403.7) shall obtain a Full Permit
				  within 180 days from the date the owner or operator receives the written
				  determination from the EA, whichever first occurs. Large volume
				  transfer/processing facilities which handle exclusively construction and
				  demolition wastes may elect to obtain and operate under a temporary
				  Registration Permit in the same manner, under the same procedures and subject
				  to the same limitations as a large volume CDI debris processing facility under
				  subsection
				  17385(c). If an
				  activity subject to this subsection fails to obtain the required permit or
				  submit documentation within the specified time, the EA shall take appropriate
				  enforcement action.
1. New
					 section filed 7-10-2003; operative 8-9-2003 (Register 2003, No.
					 28).
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						43020
						and
						43021,
						Public Resources Code.