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6) If an exemption from a SWFP is sought, a public hearing must be held per 27 CCR 21565. The LEA should then consider whether the exemption is against the public interest by holding a public hearing with the Public Health Services Solid Waste Hearing Panel (PHS- SWHP). The environmental Health Division(EHD) will hold a public hearing for sites eligible to be exempt from obtaining a SWFP. Any exempted site would be required to obtain an EHD permit and to be inspected periodically. 7) The LEA will notify the public of proposed project and of the public hearing through a notice published in a daily newspaper in the area. Letters are sent to the surrounding property owners to notify them of the project. At the public hearing the owner/operator and the public will then be given an opportunity to present their case at this time, and they may submit written documentation letters, testing results, etc. —needed to help resolve any operational issues. After the public hearing process, if the exemption is not against the public interest, and all three of the findings described in Section 21565 have been met,the LEA will issue the exemption and forward a copy to the California Integrated Waste management Board (CIWMB)within seven(7) days. The PHS-SWHP issues a decision within twenty (20) days. 8) Upon the PHS-SWHP's decision, the LEA shall give written notice to the applicant, the CIWMB, and any other person who has requested in writing that such notice be given. Any person wishing to appeal the PHS-SWHP's decision may do so within twenty (20) days. Appeal forms are available at the San Joaquin County, Environmental Health Division office. Appeal hearings would be conducted by the San Joaquin County Solid Waste Independent Hearing Panel (SWIHP) 9) The SWIHP established under San Joaquin County Resolution R-92-181 will hold hearings on matters relating to the denial, revocation, suspension, modification, and appeals of solid waste permits and other important solid waste enforcement issues in the County of San Joaquin. The decision of the SWIHP on matters of enforcement will be appealable only to the CIWMB. The SWIHP appointed pursuant to PRC Section 44801 shall consist of a technical expert in solid waste management, a member of the Board of Supervisors, and a member representing the public. EHD is designated as the staff to the SWIHP and will prepare meetings and agendas for the SWIHP. 10)The use of the SWIHP may be initiated by any person affected by any action or decision of the PHS-SWHP. The SWIHP can be sued for the site exemption process as necessary pursuant to CCR 21565. EHD will notify the members of the SWIHP of any meetings and provide the members with the necessary background information. The hearing will be held according to the regulations of PRC sections 44300-44817. The SWIHP must reach its decision on Exemption within 30 days after the hearings. 11)The applicant shall be notified of SWIHP decision. The SWIHP decision may be appealed to the CIWMB within 30 days. 12)Fee for a Solid Waste Facility Permit Exemption. $390.00 non-refundable fee to process application; $156.00 for annual Exemption Disposal Area Environmental Health Permit. Appeal fee is $435.00 (approximately 5 hours of EHD time at$87.00 per hour). Page 2 of 2 June 18,2001