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The LEA will include in the cover letter transmitting the proposed permit to the Board a description of whether or not such evidence exists and that to the best of their knowledge the information being provided is true and correct. The process for providing this information is as follows: ® The LEA submits a written statement accompanied by any relevant information which describes whether there are contracts or other financial arrangements with the facility requiring the disposal or transformation of solid wastes, which are needed by any of the jurisdictions that are using the facility to achieve the waste diversion mandates. In developing the written statement the LEA should take the following steps: 1. Ask whether the operator has any contracts or financial arrangements which could prevent or impair diversion in a given jurisdiction. The operator would list appropriate contracts on the permit application; and, 2. Ask each user jurisdiction how they plan to meet the mandates and whether they have something in place that would prevent or impair their ability to meet the requirements. The Board's Role In making its determination, the Board will consider the statement and relevant information submitted by the LEA, information in the Board's files and any testimony at the Permitting and Enforcement Committee or Board meetings at which the proposed permit is being considered. Subsequent to Concurrence If the Board or LEA receives information on existing contracts or other relevant information subsequent to concurrence in the permit, which may potentially prevent or substantially impair a jurisdiction's ability to achieve their goals, Board staff and the LEA shall review the contract or other information and the jurisdiction's SRRE and any other relevant information for consistency. If, after the review, there is evidence that the facility's operation may prevent or substantially impair a jurisdiction's ability to achieve the diversion mandates, the matter shall be referred to the Board for resolution. Effective Date To provide a transition period for LEAs in providing the information outlined in the policy and this advisory, only proposed permits to be considered at the October 1995 Permitting and Enforcement Committee and later will be required to have the above described statement and any accompanying information. If you have any questions, please contact your Permits Branch liaison. Sincerely, Douglas Okumura, Deputy Director Permitting and Enforcement Division For back copies of the LEA Advisory contact the LEA Branch at (916) 255-2287. LEA Advisory # 1, Oct. 6, 1992, Asbestos Containing Waste Disposal, Pub. # 200-92-001 LEA Advisory # 2, Feb. 17, 1993, 1992Legislation Impacts Existing Waste Programs, Pub. # 200-93-001 LEA Advisory # 3, June 10, 1993, Site Investigation Process for Investigating Closed, Illegal, and Abandoned Disposal Sites, Pub.# 200-93-002 LEA Advisory # 4, Sept. 23, 1993, Permitting of Fuel Contaminated Soils Treatment/Processing Facilities, Pub. # 200-93-003