SITE INFORMATION AND CORRESPONDENCE FILE 2

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' LOCAL OVERSIGUT PROGRAM GUIDEBOOK SECTION 11 a (9) A statement that the petition has been sent to the local agency,the appropriate Regional Board,and to any responsible parties other than the petitioner,known to the petitioner or the local agency; f. DO) A copy of the request to the local agency for preparation of the local agency record. (C) If petitioner requests a hearing for the purpose of presenting additional evidence,the petition shall include a statement that additional evidence is available that was not presented to the local agency or that evidence was improperly excluded by the local agency. A detailed statement of the nature of the evidence and the facts to be proved shall also be included. If evidence was not presented to the local agency,the reason it was not presented shall be explained. If the petitioner contends that evidence was improperly excluded,the request for a hearing shall include a specific statement of the manner in which the evidence was excluded improperly. (D) Upon receipt of a petition which does not comply with this subdivision,the petitioner will be notified in what respect the petition is defective and the time within which an amended petition may be filled. If a properly amended petition is not received by the State Board within the time allowed,the petition shall be dismissed unless cause is shown for an extension of time. (E) The State Board may dismiss the petition at any time if the petition is withdrawn or the petition fails to raise substantial issues that are appropriate for review. (3) Responses. Upon receipt of a petition which complies with subdivision(2),the State Board shall give written notification to the petitioner,the responsible party or parties,if not the petitioner,the local agency,the Regional Board,the Toxic Substances Control Division Office of Legal Counsel in the Department of Health Services,and other interested persons that they shall have 20 days from the date of mailing such notification to file a response to the petition with the State Board. Respondents to petitions shall also send copies of their responses to the petitioner and the local agency,as appropriate. The local agency shall file the record specified in paragraph(B)(10)of subdivision(2) within this 20-day period. Any response which requests a hearing by the State Board shall comply with paragraph(C)of subdivision(2). The time for filing a response may be extended by the State Board. When a review is undertaken on the State Board's own motion,all affected persons known to the State Board shall be notified and given an opportunity to submit information and comments, subject to such conditions as the State Board may prescribe. (4) Proceedings before the State Board. After review of the record,the State Board may deny the petition or grant the petition in whole or in part. (A) The State Board may order one or more proceedings which are legally or factually related to be considered or heard together unless any party thereto makes a sufficient showing of prejudice. (B) The State Board may,in its discretion,hold a hearing for the receipt of additional evidence. If a hearing is held,the State Board shall give reasonable notice of the time and place and Section 11 Page 2 of 4