California Code of Regulations › Title 27 - Environmental Protection › Division 1 - General Functions and Responsibilities › Subdivision 4 - State Delegation › Chapter 1 - Unified Hazardous Waste and Hazardous Materials Management Regulatory Program › Part I - Definitions, Application, and Certification › Article 4 - Certification Process and Responsibilities › Section 15170 - Criteria the Secretary Will Use to Evaluate Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						Secretary will evaluate applications based on the following:
(1) Adequacy of education and training as
						required by Section 15260.
(2)
						Adequacy of proposed resources including an analysis of:
(A) The number and type of regulated
						businesses within the jurisdiction;
(B) An estimate of the annual number of
						compliance and complaint inspections;
(C) The time allocation requirements of local
						agency staff, which shall be computed on a full-time equivalent basis, not to
						exceed 1776 work hours per year per person, for the following:
(i) Inspections and the related travel,
						research, analysis of findings, and documentation;
(ii) Inspection and enforcement activities
						including warnings, notices, meetings, hearings, legal proceedings, and
						documentation;
(iii) Permit
						activities including application reviews, modifications and revisions, and
						facility evaluations;
(iv) Training
						including field, meetings, seminars, workshops, courses and literature
						reviews;
(v) Management, including
						day-to-day operation scheduling and supervision; and
(vi) To support Unified Program electronic
						reporting mandates;
(D)
						An estimate of required staff and supervisory personnel to manage the single
						fee system, surcharge and fee accountability system;
(E) The number of support staff, both
						technical and non-technical, for all program elements; and
(F) Description of contacts, working
						relationship with local prosecution and law enforcement agencies (e.g.,
						district attorneys, strike force memberships, etc.).
(3) Proposed budget resources and funding
						mechanisms. The applicant agency shall include as part of the application a
						summary of projected annual funding and expenses for the entire local Unified
						Program. Adequacy of budget resources and funding mechanisms shall be
						calculated as the ratio of funding to expenses, a value of one being the
						standard for most adequate.
(4)
						Past performance of the applicant agency and its proposed PAs in implementing
						hazardous materials and hazardous waste management programs.
(5) Record keeping and cost accounting
						systems proposed for the Unified Program, including:
(A) Elements required by the Secretary
						pursuant to HSC Section 25404(c);
(B) A method for calculating program
						costs;
(C) Permit fee
						structure;
(D) Fee collection
						process; and
(E) Data
						management.
(6)
						Compliance with the criteria in 22 CCR, Section  22 CCR, Section 66272.10, except for the
						requirement of paragraph (2) of subdivision (b) of that Section related to
						countywide jurisdiction and paragraph (3) of subdivision (b) of that Section
						related to hazardous waste facilities.
(7) Additional programs, including but not
						limited to programs such as hazardous waste source reduction and pollution
						prevention programs, incorporated in the Unified Program.
(8) Identified adverse impacts on the county.
						The Secretary will give particular consideration to written comments or
						comments received during the public hearing.
(9) The Unified Program throughout the entire
						county in which the applicant agency is located will be less fragmented between
						jurisdictions, as compared to before January 1, 1994, with regard to the
						administration of the provisions specified in HSC Section 25404(c). The
						Secretary shall consider, but shall not be limited to, the following measures
						of fragmentation. The applicant agency shall justify its certification with
						respect to these measures in the implementation plan required pursuant to 27
						CCR, Section 15150(e)(6).
(A) The number of
						agencies managing the six Unified Program elements listed in HSC Section 25404(c) within the county prior to January 1, 1994, and the number of agencies
						managing those program elements as proposed by the applicant agency.
(B) The number of agencies a regulated
						business had to work with for the Unified Program elements prior to January 1,
						1994, and the number of agencies a regulated business will have to work with as
						proposed by the applicant agency.
(10) Countywide coordination and consistency.
						The Secretary shall consider, but not be limited to the following:
(A) Agreements among the county, city, and
						local agency applicants indicating consistency with a countywide Unified
						Program.
(11) The
						Secretary shall not certify an applicant agency that proposes to include PAs in
						the Unified Program, unless there is a finding that:
(A) It meets the requirements of HSC Section 25404.3(d)(1).
(B) The proposed PAs
						have met the education and training requirements identified in Section 15260,
						and have adequate resources to implement the program element(s) that the
						applicant agency has proposed it will take on.
(C) All necessary agreements are in place,
						pursuant to HSC Section 25404.3(d)(3).
(12) The requirements of Sections 15160(b)
						 and 15160(c).
(13) The
						implementation plan for the consolidation of permits, inspections, enforcement,
						and fees.
(14) Documentation of
						authority to implement program elements.
(15) If the program will be fully operational
						no later than one year after certification.