California Code of Regulations › Title 27 - Environmental Protection › Division 2 - Solid Waste › Subdivision 1 - Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste › Chapter 4 - Documentation and Reporting for Regulatory Tiers, Permits, WDRs, and Plans › Subchapter 3 - Development of Waste Discharge Requirements (WDRs) and Solid Waste Facility Permits › Article 2 - Calrecycle-Applicant Requirements › Section 21620 - CIWMB-Change in Design or Operation (New)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						This section applies to any operator proposing to make a change in the design
						(as defined in subsection
						21663(a)(1)) or
						operation (as defined in subsection
						21663(a)(2)) of
						the facility, where such change is subject to the authority of the EA acting
						pursuant to the Integrated Waste Management Act or regulations promulgated
						under such Act and one of the following categories apply:
(1) Minor Change -- the change qualifies as a
						minor change pursuant to §
													21620(a)(1), in
						which case the operator shall comply with §
													21620(a)(1)(F);
(2) RFI Amendment -- the EA has determined
						that an amendment to the RFI is required for the change, in which case the
						operator shall comply with §
													21620(a)(2);
(3) Modified Permit -- the EA has determined
						that the solid waste facilities permit requires modification pursuant to §
													21665(d), in
						which case the operator shall comply with §
													21620(a)(3);
						or
(4) Revised Permit -- the EA has
						determined that the solid waste facilities permit requires revision pursuant to
						§
													21665(e) or
						§
													21620(a)(4), in
						which case the operator shall comply with §
													21620(a)(4).
This section does not apply to changes to the facility,
						  where such a change is not subject to the authority of the EA acting pursuant
						  to the Integrated Waste Management Act or regulations promulgated under such
						  Act.
(1) Minor Changes
An operator may implement a minor change without EA
						  review and approval if all of the criteria set forth in subdivisions (A)
						  through (D) are met and the operator notifies the EA of the minor change as
						  required under subdivision (F):
(A)
						the change is subject to the authority of the EA acting pursuant to the
						Integrated Waste Management Act or regulations promulgated under such Act;
						and
(B) the change is consistent
						with State minimum standards pursuant to Chapter 3 of this subdivision or
						applicable minimum standards in Title 14 (commencing with §
														17200), and including financial
						assurances and operating liability criteria pursuant to Chapter 6 of this
						subdivision if applicable; and
(C)
						the change is consistent with the terms and conditions in the current solid
						waste facilities permit; and
(D)
						the change does not conflict with the design and operation of the facility as
						provided in the current RFI pursuant to §
														21600,
						14 CCR §§
														17346.5,
						17863,
						17863.4,
						18221.6,
						18221.6.1,
						18223.5, or
						18227.
(E) Provided that they satisfy the criteria
						set forth in subdivisions (a)(1)(A-D), minor changes include, but are not
						limited to, the following:
(i) Correction of
						typographical errors in any documents/documentation submitted by the owner or
						operator.
(ii) Changes in the
						training plan that do not affect the type or decrease the amount of training
						given to employees.
(iii) Changes
						in any name and phone number, mailing address, or other contact information
						that does not include a change of the owner or operator.
(iv) Changes in emergency equipment (e.g.,
						used for spill or release response) with the same functionally equivalent
						equipment at the same or higher level of quality.
(v) Replacing equipment that consists of
						functionally equivalent components and specifications as the equipment being
						replaced, which does not cause any change to location or design from the
						formerly used equipment.
(vi)
						Changes in procedures for cleaning or decontamination of facility equipment or
						structures.
(vii) Changes in tanks
						used for storage of materials utilized as part of the operation of the facility
						such as fuel, motor oil, and water without a change in location.
(viii) Changes in the rental company or
						location of where the back-up equipment may be sought.
(ix) Replacement of an existing environmental
						or operational monitoring point that has been damaged or rendered inoperable,
						without change to location or design of the monitoring point.
(x) Updated changes to other regulatory
						agency documents that are included by reference in a RFI only.
(xi) Changes in containers used for temporary
						storage of materials separated for recycling.
(xii) Change in narrative information (e.g.,
						background information) outside the permitted boundary.
(xiii) Change to facility signage
						wording.
(xiv) Changes to improve
						personnel protective equipment and other safety procedures.
(xv) Changes to traffic patterns on site that
						do not affect off-site traffic, and/or adjacent properties.
(xvi) Changes to adjacent land use
						map.
(xvii) Change in location of
						facility records.
(xviii) Changes
						in name, address, or phone number of contact in post-closure plan.
(xix) Changes to equipment maintenance
						operations associated with the operation of the facility.
(xx) Acquisition of property adjacent to the
						facility if not used for solid waste activities.
(xxi) Updated changes to documents that are
						included by reference in a permit or RFI.
(xxii) Regulation re-numbering as referenced
						in RFI.
(F) the operator
						shall notice the EA at the time of the change or within 30 days after the
						change has been made, and the following provisions shall apply:
(i) the notice shall be in writing and
						delivered to the EA by regular mail, e-mail, or fax;
(ii) the operator shall identify the minor
						change in the notice and indicate the effective date of the change;
(iii) the notice is for informational
						purposes only and is not subject to EA compliance measures; however, if the EA
						determines at a later date that the change does not meet the criteria for minor
						change, the EA shall provide a finding to the operator in writing as to why the
						change did not qualify as a minor change and the EA shall require the operator
						to comply with all applicable requirements; and
(iv) During the regular permit review, the EA
						shall review the minor change notices and determine which should be
						incorporated into the RFI.
(2) Amendment to Report of Facility
						Information
For those changes in design or operation that do not
						  qualify under subdivision (a)(1) and that require an amendment to the RFI, the
						  operator shall file an amendment to the RFI with the EA at least 180 days prior
						  to the proposed change unless otherwise determined by the EA. Notwithstanding,
						  the EA may determine, based on consultation with the applicant and review of
						  the RFI amendment, that the change meets the criteria in §
														21665(c), in
						  which case the applicant may file an application less than 180 days prior to
						  making the proposed change. Proposed RFIs or amendments to the RFI shall be
						  accompanied by an application form. All amendments shall be submitted as
						  specified in §
														21570. The applicant shall only
						  submit those items listed in §
														21570(f) that
						  have changed or are proposed to change, unless otherwise specified by the EA.
						  Such amendments or lack thereof may become the basis for changes in the solid
						  waste facilities permit as determined by the EA as described in §
														21665. The operator shall have the
						  right to appeal the EA's decision before the hearing panel or hearing
						  officer.
(3) Modified Permit
If the change in design or operation does not qualify
						  under subdivision (a)(1) or (a)(2), but does meet the requirements of §
														21665(d) for a
						  modified solid waste facilities permit, the operator shall submit an
						  application package for a modified solid waste facilities permit pursuant to
						  §
														21570 which the EA shall process
						  pursuant to §
														21650.
(4) Revised Permit
All other changes in design or operation require a
						  revised solid waste facilities permit pursuant to §
														21665(e). The
						  operator shall submit an application package for a solid waste facilities
						  permit revision pursuant to §
														21570 which shall be processed by
						  the EA pursuant to §
														21650.
Notwithstanding anything to the contrary in §
														21665(e), the
						  following changes in design or operation are considered significant and require
						  an application for a revised permit:
(A) Increase in maximum amount of permitted
						tonnage of all waste received.
(B)
						Increase in the facility's permitted acreage.
(C) Increase in the permitted hours of
						operation.
(D) For landfills,
						increase in permitted disposal footprint and/or permitted (final grade) maximum
						overall height.
Note: changes relative to only those items
						  described in the RFI and not addressed in the current solid waste facilities
						  permit as written by the LEA may be requested, after consultation, through an
						  application pursuant to §
																21666. To help better understand
						  the process for RFI amendment, and modified, revised and new solid waste
						  facilities permits, but not to supplant the regulations, a flow diagram is
						  provided below:
Click
						  here to view image