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L SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT (SJCEHD) PROCEDURE FOR SOLID WASTE FACILITY PERMIT EXEMPTION Sites seeking an exemption from a California Integrated Waste Management Board (CIWMB) Solid Waste Facility Permit (SWFP) must complete the following procedures: Exemptions are situations where the Local Enforcement Agency (LEA) has discretion to exempt a facility from the permitting requirements if certain findings can be made. The procedure for establishing Exemption status is described below. 1. The LEA must first determine if the facility falls within a solid waste facility classification. The LEA's staff shall make a determination of whether a site is a solid waste facility or not. A site inspection may be conducted. If a determination is made that a site is not a solid waste facility, then no SWFP application is required. 2. The definition of an "Exempt Solid Waste Site" includes facilities that are small volume waste facilities; facilities involved exclusively in recycling/salvaging operations or facilities for which waste handling activities are only incidental to the operation. 3. At the LEA's discretion, a solid waste facility may be exempted from the requirement of a Solid Waste Facility Permit (SWFP) (27 CCR 21565). However, such an exemption may only be granted if the facility falls within one of the classifications listed below and all of the following findings are made: 1) The exemption is not against the public interest 2) The quantity of solid wastes is insignificant 3) The nature of the solid wastes poses no significant threat to health, safety, or the environment. The facility should fit into one of the eight classifications listed in 27 CCR 21565. If the facility meets the classification criteria, the application must be reviewed in order to make the mandatory findings listed above. 4. If a determination is made that a site is a solid waste facility, but may be eligible for an exemption, then a SWFP application along with an operational plan and a site plan shall be submitted. The LEA should then consider the information provided on the nature and quantity of waste to be handled. If the nature of the waste is such that it would not cause a threat, then the LEA should consider the quantity of waste to be handled. In determining whether the quantity of wastes to be handled is significant or not, the LEA should consider the location of the facility. The proximity to sensitive receptors such as homes, hospitals, or schools; the physical characteristics of the site; the distance wastes will travel from the source to the disposal site; and any other issues will be considered. 5. The SWFP application, operational plan, and site plan will be reviewed. The application must fully describe the planned operation and include the volume and nature of waste to be handled and the rationale for determining that the nature of the solid wastes will pose no significant threat to health, safety, or the environment. 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