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• ,. 5` ht ■iii/ ®■ ®® No. 22 June 1, 1995 �e ffam v,®■®® wOEM ®®w INTEGRATED WASTE MANAGEMENT BOARD CHANGES IN ECIGN OROPERATION pER TTON AND CE COMPLIANCE To All Local Enforcement Agencies The purpose of this advisory is to provide clarification and guidance regarding compliance with the California Environmental Quality Act (CEQA) as related to changes in design or operation (changes) at solid waste facilities with a full or standardized permit (permit). Changes in design or operation which could be subject to CEQA analysis are those which require discretionary approval of amendments to the Report of Facility Information (RFI) and/or approval of changes to the permit. Please note that all changes in design or operation which would result in noncompliance with the permit require a change in the permit. When a change may cause direct or indirect physical change to the environment, it must be deemed a "project" under CEQA. Changes as a CEQA Project Recent changes to Public Resources Code (PRC) §21065 now make it more consistent with CEQA Guidelines in defining a project. Section 21065 states: "Project" means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: (a)An activity directly undertaken by any public agency. (b)An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c)An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. Additionally, PRC §21080(a) clarifies the applicability of CEQA statute and approvals. PRC §21080(a) states in pan: "Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies... " Once it is determined that the changes being approved constitute a CEQA project, the appropriate method of CEQA compliance must be considered. The following is a discussion of some different ways in which CEQA compliance can be accomplished. Please keep in mind that with each project CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD • 8800 CAL CENTER DRIVE . SACRAMENTO,CA 95826 Advisory notes are designed to guide and assist Local Enforcement Agenices and are not intended to supersede statute or regulation. All Local Enforcement Agency(LEA)representatives are encouraged to contact the LEA Branch at(9c6) zfs-2237 to address a specific topic.