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Agenda Review

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  1. Agenda Review Morning Session: • Purpose of Workshop • Roles and Responsibilities • Steps in Permitting a Facility Break for Lunch

  2. Agenda Review Afternoon Session: • Board as Enforcement Agency and Inspection Process • Tools for Compliance • Cease and Desist

  3. Reason for Workshop • Provide Board baseline information on solid waste facility permit, inspection and enforcement processes • Provide opportunity for dialogue with Board on questions and concerns relative to the processes

  4. Reason for Workshop • Provide opportunity for policy discussions separate from specific facility actions. • Provide discussion of strategic plan goals and objectives relative to the processes.

  5. LEA/CIWMB Roles • AB 939 and AB 1220 • LEA responsibilities • Process and issue permits • Inspect facilities (monthly) • Carry out enforcement actions • Other local solid waste duties

  6. LEA/CIWMB Roles • CIWMB responsibilities • Certify and evaluate LEAs • Provide LEAs with technical support and training • Concur or object to issuance of permits • Inspect landfills (18 months), other facilities as needed to evaluate and assist LEAs

  7. Steps In Permitting a Facility • Local Approval Process • Overview of Permit Process • Application/LEA Process • Board Process • Board Action • LEA Issues Permit

  8. Solid Waste Facility Permits • PRC - part 4, chapter 3, article 1 - section 44001-44018 • Permit required to operate a solid waste facility • Disposal site, transfer /processing facility, compost facility, transformation facility

  9. Solid Waste Facility Permits • Issued to the facility operator • Design and operation only as authorized in the permit • Significant changes authorized through permit revisions

  10. Steps In Permitting a Facility • Local Approval Process • Overview of Permit Process • Application/LEA Process • Board Process • Board Action • LEA Issues Permit

  11. Local Approval and CEQA New or changing solid waste facilities may require: • Local approval by a city, county, JPA… • New or revised special or conditional use permits. • General plan, IWMP amendment, conformance finding, etc.

  12. Local Approval and CEQA New or changing solid waste facilities may require: • Public noticing • Document availability • Project approval • CEQA documentation • Prepare and circulate for review and comment

  13. Local Approval and CEQA New or changing solid waste facilities might not require: • Local approval, CEQA or public noticing • No local CUP requirement or revision • New or revised solid waste facility permits are required and can still trigger CEQA

  14. Local Approval and CEQA When local approvals are required: • The LEA/CIWMB permit process will use review and documentation generated during local process • Local agency initiates CEQA process • Address local siting, land use and planning issues • May have early consultation for responsible agencies • Notice public and circulate for state agency review • Public noticing

  15. Local Approval and CEQA • Board’s role as responsible agency • Respond to requests for consultation on CIWMB permitting and Board areas of expertise • Board staff reviews and comments on CEQA document adequacy for the Board’s use in permitting process

  16. LEAD AGENCY CIWMB Responsible Agency LEA Responsible Agency Prepare and Circulate NOEC for ND or NOP for DEIR Prepare Suggestions for Type of Document and LEA Information Prepare Suggestions for Type of Document and CIWMB Information Prepare IS/ND or IS/NOC for DEIR Review CEQA Document Prepare Comments Review CEQA Document Prepare Comments Prepare Response to Comments or FEIR SWFP Application Received CIWMB Staff Review of Comments and/or Final CEQA Document CIWMB Staff Review SWFP Make Final CEQA Recommendation Certify FEIR or Adopt ND LEA Staff Review CEQA Document Prepare Proposed SWFP and Provide LEA CEQA Finding Approve Project Board CEQA Finding and SWFP Concurrence Decision LEA SWFP Approval and Issuance File NOD File NOD File NOD 18

  17. Public Outreach • Notices, Meetings, Hearings • Sample 3 years of permit actions

  18. Steps In Permitting a Facility • Local Approval Process • Overview of Permit Process • Application/LEA Process • Board Process • Board Action • LEA Issues Permit

  19. Statutory and Regulatory Authority PRC Section 44004 & 27 CCR 21620 No significant change unless authorized Application 150 days prior to change

  20. Statutory and Regulatory Authority LEA reviews application to determine: Change is allowed without revision Conformance with statute and regulation Disallow the change for not conforming Determine if CEQA review is required prior to making decision

  21. Overview of Permit Process 150 days 30 days 55 days 60 days 5 days New or Revised Permit LEA Determines Complete & Correct LEA Draft Proposed Permit Board Decision LEA Decides to Issue Permit Operator Submits Application If LEA Determines Permit Change is Needed Amend RFI 5 Year Review 23

  22. Triggers for Permit Process • For a new permit • New facility • Moving from one tier to another tier • Existing facility is “slotted” into a permit tier • Inspection reveal illegal facility

  23. Triggers for Permit Process • For a revision to a permit • Operator anticipates a change in design and operation • Five year permit review • Inspection reveals unauthorized changes

  24. Operator Anticipates Change • Operator Submits Application Revised Permit Continue activity during permit process Waiver Continue Activity For Limited Time Notice and Order (Cease & Desist) Illegal operation Stop Until Approved 26

  25. Steps In Permitting a Facility Overview of Permit Process • Permit Review • RFI Amendment • Minor Changes to Permit • Tiers

  26. Permit reviewed every five years For permitted facilities (full, standardized, registration) From LEA issuance date Five Year Review of Permits

  27. LEA review Existing or upcoming operation and design changes Includes review of capacity and site life (for disposal sites) LEA writes permit review report Direct operator on necessary action Five Year Review of Permits

  28. Five Year Review of Permits LEA permit review report may direct: • No change needed or allowed • Operator to apply for an RFI amendment

  29. Five Year Review of Permits • Operator to apply for a revision to the permit • Change affects the permit terms and conditions • Cease implementation of changes • Request for changes denied • Change may not be consistent with standards • Change requires approval

  30. Steps In Permitting a Facility Overview of Permit Process • Permit Review • RFI Amendment • Minor Changes to Permit • Tiers

  31. RFI Amendments • Operator submits application • Approved by LEA

  32. RFI Amendments • Full permit only • For changes that • Do not conflict with permit terms and conditions • Are consistent with CEQA document • Consistent with requirements (FA, closure, SMS, etc.) • If amendments do not meet criteria • Permit revision • Amendments may be denied

  33. Steps In Permitting a Facility Overview of Permit Process • Permit Review • RFI Amendment • Minor Changes to Permit • Tiers

  34. Minor Changes to the Permit • Currently Minor Changes Require a Full Permit Revision • No Method to Handle Minor Updates to a Permit

  35. Minor Changes to the Permit • Permit Sections Needing Minor Updates after the Five Year Review • LEA Findings Section • Document Section • Adding Prohibitions • LEA Monitoring Requirement • Potential LEA and Board Collaboration

  36. Steps In Permitting a Facility Overview of Permit Process • Permit Review • RFI Amendment • Minor Changes to Permit • Tiers

  37. Tier Permits—Why? • One-size doesn’t fit all (Risks range from low to high) • Uneven application of permit requirements • Perceived over-regulation • Existing permit structure did not aid achievement of diversion mandates

  38. Tier Permits—When? • Framework: March 1995 • Placement: Compost June 1995 Contaminated Soil March 1996 Transfer/Processing1 October 1996 Nonhazardous Ash September 1997 Transfer/Processing2 March 1999 Non-haz. in Class I July 2000 Compostable Materials2 April 2003 Construction and Demolition In Progress Tire Monofills In Progress

  39. Tiered Structure

  40. Tiered Structure

  41. Tiered Structure

  42. Tiered Structure

  43. Tiered Structure

  44. Steps In Permitting a Facility • Local Approval Process • Overview of Permit Process • Application/LEA Process • Board Process • Board Action • LEA Issues Permit

  45. Permit Application Package Review Process LEA Issues Permit Board Action (44009) Board Staff Reviews Proposed Permit Package LEA Reviews Permit Application Package and Submits Proposed Permit Package Operator Submits Permit Application Package

  46. Permit Application Package Review Process Operator Submits Permit Application Package

  47. Operator Submits Application Package Full Permit (& Standardized) Section 21570 • Application requirements - full permit • A) disposal sites - joint application package, financial assurances to CIWMB • B) other facilities - copies of application to RWQCB • C) EA fee • D) adequate detail • Evaluate environmental effects • Conformance with standards • E) certified as true and accurate, additional information as required by EA

  48. Operator Submits Application Package Full Permit (& Standardized) Section 21570 • F) complete and correct package must include • Application form • RFI • CEQA compliance information • Evidence of compliance or status of compliance • Mitigation monitoring implementation schedule • Conformance finding • For disposal sites • Preliminary closure/Postclosure plans • Financial assurance mechanism • Land use and/or conditional use permits

  49. Permit Application Package Review Process LEA Reviews Permit Application Package andSubmits Proposed Permit Package Operator Submits Permit Application Package

  50. LEA Reviews Permit Application Package and Submits Proposed Full Permit Package • Section 21650 • Stamp application with date received • Review for requirements of section 21570 • Accept for filing or reject within 30 days of receipt • Upon request EA may accept incomplete package • Applicant waives time limits • Must be complete within 180 days