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§ 18211 BAR YS CALIFORNIA CODE OF REGULATIM Title 14
<br /> HisttoRY been revoked may petition the enforcement agency for reduction of the
<br /> 1.Change without regulatory effect repealing Section 18210 filed 8-17-89 pur- penalty.If the petition is denied,the person is entitled to a hearing before
<br /> suant to Section 100,Title 1,California Code of Regulations(Register 89,No. the hearing panel.
<br /> 35).For prior history,see Register 77,No.22. Comment:Suspension of a permit is a punitive or remedial action not
<br /> § 18211. Application for Revision of a Permit intended to deprive the permit holder indefinitely of the right to operate.
<br /> (a)Any permittee proposing to make a significant change in the design Revocation of a permit,a more severe action,closes the facility for at
<br /> or operation of the facility shall,at least 120 days prior to the proposed least one year,at the end of which the holder of the revoked permit may
<br /> modification,apply for a revision of the permit.The application shall be apply for reinstatement in the same manner as one applies for a permit
<br /> for a new facility.
<br /> made in the manner specified in section 18201.Except as otherwise pro- NoTE-Authority cited:Sections 40502 and 43020,Public Resources Code.Refer-
<br /> vided in this section,the application shall be handled in the same manner ence:Sections 44500-44503 and 44817,Public Resources Code.
<br /> as an application for a permit for a new facility.If the local governing HisroRY
<br /> body determines that a permit must be modified less than 120 days after 1.Change without regulatory effect amending section filed 5-17-91 pursuant to
<br /> the filing of an application for revision,it may waive the 120 day filing section 100,title 1.California Code of Regulations(Register 91,No.27):
<br /> period.
<br /> (b)Any time before the revised permit is issued and all appeals are fi-
<br /> nal,
<br /> §1$213. Review of Permits.
<br /> nal,the applicant may withdraw the application and surrender any permit (a)Except as provided in section 18212,every permit shall be due for
<br /> that has been issued.In such a case,the permit existing at the time of review five years after its issuance,most recent modification,most recent
<br /> application for revision shall have the same force and effect as it would revision,or most recent review.The board shall give the operator and the
<br /> have had if the application for revision had not been filed. enforcement agency notice of the review no less than 150 days before it
<br /> (c)A change shall be deemed significant for purposes of this section is due.
<br /> if and only if it does not conform to terms or conditions of the permit. (b)No less than 120 days before the permit is due forreview,the opera-
<br /> Comment Subsection(a)of this section requires the notice of opera- for shall submit an application for review of its permit.The application
<br /> tion to be filed on the same form used for applications for new permits shall be made in the manner specified in section 18201.Sections 18202
<br /> in order to insure that the enforceement agency and the board have com- through 18208 shall apply to the application for review.
<br /> plete information on existing facilities.Although many of the procedures (c)If the enforcement agency determines upon review that revision is
<br /> for issuing a permit for an existing facility are the same as those for a new not required it shall give notice of its decision and the reasons therefor
<br /> facility,the tests applied by the enforcement agency and the board are dif- to the board and to any person who has requested in writing that he or she
<br /> ferent:The existing facility must prove its history but is not subject to the be given such notice.Said notice shall be set forth on a form approved
<br /> same careful environmental scrutiny.Public Resources Code sections by the board.
<br /> 44012,44013 and 44015-44017.And although the board must concur in (d)A solid waste facilities permit does not expire at the end of five
<br /> the permit,its scrutiny is limited to confirming the enforcement agency's years absent an express permit term or condition limiting the period of
<br /> determination of the facility's history,land use approval,and conformity the Pmt.
<br /> with the minimum standards or ability to conform within a reasonable Comment:An application forre view is not an application for a permit
<br /> nor an application for a permit renewal.Sections 18210,18211,18212,
<br /> time
<br /> An operator filing a notice of operation will,in the notice,indicate both and this section provide that the same form be used for anotice of opera-
<br /> the nature of the facility's design and operation and the extent to which tion'an application for permit revision,an application for reinstatement
<br /> he believes the design and operation can be changed without having a sig- of a revoked permit,and an application for review of a permit as is used
<br /> nificant effect on the environment.The enforcement agency and the for an application for an initial permit fora new facility.These provisions
<br /> board,pursuant to subsection(c)of this section,will review the opera- are intended to avoid the promulgation of several forms requiring nearly
<br /> tor's proposal and determine the extent to which the operation may.be identical information.However,where the legal standards to be applied
<br /> changed without a permit revision and will incorporate that determina- differ,the local-enforcemenragency andthe board will vary the content
<br /> tion into permit conditions. of the hearings and their deliberations.-
<br /> Nat-Authority cited:Sections 40502 and 43020,Public Resources Code.Refer- Norm Authority cited:Sections 40502 and 43020,Public Resources Code.Refer.
<br /> ee:Sections 44001-44006 and 44007-34017,Public Resources Code. ence:Section 44011,Public Resources Code.
<br /> HISTORY HISTORY
<br /> 1.Chan without effect amending section filed 5-17-91 pursuant to 1.Amendment of subsection(c)filed 8-3-77 as an emergency;effective upon fil-
<br /> Change regulatory g P ing(Register 77,No.32).
<br /> section 100,title 1,California Code of Regulations(Register 91,No.27). 2.Certificate of Compliance fled 11-1-77(Register 77,No.45).
<br /> §18212. RelnataEement of Stas ded and Revoked 3.Change without regulatory effect section filed 5-17-91 ptastant to
<br /> P� section 100,title 1,California Code of ReguiRtions(Register 91.No.27).
<br /> rise _
<br /> (a)If a permit has been suspended,it is reinstated without further ac-__§18215. Exemptions from Requirement of a Permit
<br /> tion on the data specified in the suspension or upon completion of speci- (a)After a public hearing the enforcement agency may grant an ex-
<br /> fied acts.A suspended permit shall be due for review five years after its emption from the requirement that a solid waste facility obtain a permit.
<br /> original issuance or last review or revision,including the period of sus- Such an exemption may be granted if the facility falls within one of the
<br /> pension. classifications which may be exempted and all of the following findings
<br /> (b)If a permit has been revoked,it may be reinstated by application, are made:
<br /> no less than one year after the effective date of the revocation and no less (1)The exemption is not against the public interest.
<br /> than one year after any similar application.Such an application shall be (2)The quantity of solid wastes is insignificant.
<br /> made in the manner specified in section 18201 and shall be handled in the (3)The nature of the solid wastes poses no significant threat to health,
<br /> same manner as an application for a new permit;however,nothing in this safety,or the environment.
<br /> section is intended to prevent the enforcement agency,hearing panel,or (b)Classifications of solid waste facilities that may be exempted are:
<br /> board from considering the revocation and grounds therefor in reviewing (1)Facilities or portions thereof doing research funded primarily by
<br /> the application.A permit reinstated after revocation shall be due for re- --government grants;
<br /> view five years after its reinstatement. (2)Road construction disposal sites for short-term use(less than 90
<br /> (c)No less than one vear after the effective date of the revocation and days),in which only inert wastes are to be placed by city,county,or state
<br /> no less than one year after any similar petition,a person whose permit has street or road department;
<br /> Page 764 R*giner 91.Na.26-30:7-26-91
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