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Mr. Alan Biedermann October 11 , 1988 Page 2 (b) No less than 120 days before the permit is due for review, the operator shall submit an application for review of its permit. The application shall be made in the manner specified in Section 18201 . Sec- tion 18202 through 18208 shall apply to the applica- tion for review. (c) If the enforcement agency determines upon review that revision is not required it shall give notice of its decision and the reasons therefor to the board and to any person who has requested in writing that he or she be given such notice. Said notice shall be set forth on a form approved by the board. (d) A solid waste facilities permit does not expire at the end of five years absent an express permit term or condition limiting the period of the permit. Comment: An application for review is not an applica- tion for a permit nor an application for a permit renewal. Sections 18210 , 19211 , 18212 , and this section provide that the same form be used for a notice of operation, an application for permit revision, an application for reinstatement of a revoked permit, and an application for review of a permit as is used for an application for an initial permit for a new facility. These provi- sions are intended to avoid the promulgation of sever- al forms requiring nearly identical information. However, where the legal standards to be applied dif- fer, the local enforcement agency and the board will vary the content of the hearings and their delibera- tions. The CWMB letter refers to a "revised facilities per- mit" in at least four places on the first page, and seems to be assuming that the permit is being modified or re- vised. [Part of this confusion may have arisen due to our statement concerning food processing wastes, which we hope- fully will correct below. ] This assumption of a modification, or revision, or renewal is both incorrect, and important. It is incorrect in that Forward, Inc. has not asked for any modification, revision, or renewal (see below for food processing waste discussion) and is not so asking.