California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 3.1.1 - Temporary Solid Waste Facilities Permits [Repealed]
Section 18218.6 - Application for a Temporary Permit

Universal Citation: 14 CA Code of Regs 18218.6

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The operator of an eligible facility who desires to obtain a temporary permit pursuant to this article shall file a complete and correct application for such permit on or before the final application date.

(b) The application must describe the solid waste handling and composting activities to be authorized under the temporary permit sought by the operator of the eligible facility. Those activities shall be substantially identical to those conducted by the operator during calendar year 2007, although the operator may decrease the amount of materials handled or make other changes that enhance the protection of the public health and safety or reduce the facility's impacts on the environment. In no case shall the solid waste handling or composting activities be changed in a way that would subject the proposed permit to evaluation under the California Environmental Quality Act (CEQA), Public Resources Code, sections 21000 et seq. The application must contain sufficient verifiable information regarding the solid waste handling and composting activities at the facility during 2007 to satisfy the enforcement agency that the activities proposed under the temporary permit are substantially identical to those conducted at the facility during calendar year 2007.

(c) The application for a temporary permit for a transfer and processing facility shall contain the following:

(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version 8-04, Appendix 1 (incorporated herein by reference)). The applicant shall specify on the application that it is intended for a temporary permit.

(2) name(s) of the operator and owner.

(3) schematic drawing of the facility, including buildings and other structures, showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas.

(4) descriptive statement of the manner in which activities are currently conducted at the facility and proposed to be conducted under the temporary permit.

(5) days and hours that the facility operates. If the hours of waste receipt differ from the hours of material processing, each set of hours must be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above.

(6) total acreage contained within the operating area and total area that is to be included within the solid waste facilities permit.

(7) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity.

(8) information showing the types and the daily quantities of solid waste received during 2007. If tonnage was calculated from records stated in cubic yards, include the conversion factor used. The information submitted shall be in the form of verifiable business records, such as certified scale records, weight tags, receipts, bills of sale, disposal receipts, and other records acceptable to the enforcement agency. The information shall include records (if available) or good faith estimates (if records are not available) of the daily quantities of "putrescible wastes" and "residuals" (as defined in subdivision (a)(21) of Section 17402 and in subdivision (b)(1) of Section 17402.5 of 14 CCR, respectively) during calendar year 2007.

(9) description of the methods used by the facility to comply with each applicable state minimum standard as described in 14 CCR 18218.4.

(10) volume of quench or process water and the planned method of treatment, and disposal of any wastewater.

(11) description of provisions to handle unusual peak loading.

(12) description of transfer, recovery and processing equipment, including classification, capacity and the number of units.

(13) method for final disposal of the solid waste.

(14) method for the storage and removal of salvaged material.

(15) resumes of manager of the organization which will operate the facility.

(16) Fire Prevention, Control and Mitigation Plan which contains the following:
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site.

(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires.

(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment.

(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression.

(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on the site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.

(17) The operator shall certify whether the facility is included within the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan. If not, the operator shall acknowledge that the facility must be included in such plan before a permanent solid waste facilities permit will be issued.

(18) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.

(19) Evidence that a copy of the completed application was provided to the director of the local agency that oversees local land use planning for the jurisdiction in which the facility is located.

(20) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.

(d) The application for a temporary permit for a composting facility shall contain the following:

(1) Application For Solid Waste Facilities Permit/Waste Discharge Requirements Form (27 CCR, Division 2, CIWMB E-1-77, Version 8-04, Appendix 1 (incorporated herein by reference)). The applicant shall specify on the application that it is intended for a temporary registration permit.

(2) name(s) of the operator and owner.

(3) A descriptive statement of the operations currently conducted at the facility and proposed to be conducted under the temporary permit.

(4) A schematic drawing of the facility, including any buildings and other structures, showing layout and general dimensions of all processes utilized in the handling and processing of materials including, but not limited to, unloading, storage, processing, parking, and loading areas.

(5) A description of methods used to control leachate, litter, odors, dust, rodents, and insects.

(6) A description of the emergency provisions for equipment breakdown or power failure.

(7) A description of the storage capacity and maximum and average length of time compostable materials will be stored at the facility.

(8) A description of compostable materials handling equipment used at the facility including type, capacity, and number of units.

(9) Information demonstrating the operations of the facility during 2007 in cubic yards, including without limitation compostable materials and feedstock received, processed and stored on the site and finished materials stored on the site. The information submitted shall be in the form of verifiable business records, such as certified scale records, weight tags, receipts, bills of sale, disposal receipts and other records acceptable to the enforcement agency.

(10) A description of provisions to handle unusual peak loadings.

(11) A description of the method for storage and final disposal of nonrecoverable or nonmarketable residues.

(12) A description of the water supplies for process water required.

(13) Identification of person(s) responsible for oversight of facility operations.

(14) An Odor Impact Minimization Plan pursuant to 14 CCR 17863.4.

(15) Fire Prevention, Control and Mitigation Plan which contains the following:
(A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site.

(B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires.

(C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment.

(D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression.

(E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on the site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site.

(16) The operator shall certify whether the facility is included within the Nondisposal Facility Element of the applicable Countywide Solid Waste Management Plan. If not, the operator shall acknowledge that the facility must be included in such plan before a permanent solid waste facilities permit will be issued.

(17) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief.

(18) Evidence that a copy of the completed application was provided to the director of the local agency that oversees local use planning for the jurisdiction in which the facility is located.

(19) List of all public hearings and other meetings open to the public that have been held or copies of notices distributed that are applicable to the proposed solid waste facilities permit action.

(e) If an operator of an eligible facility fails to submit a complete and correct application to the enforcement agency by the final application date, the enforcement agency shall take appropriate enforcement action. (Note: The information provided to comply with 18218.6(c)(8) and (d)(9) shall be substantial enough to provide a complete description of the specific waste types and amounts received. The description could include: a list of waste types and amounts; specific collection methods used such as curbside, commercial recycling bins, office recycling; the nature of the waste such as the percentage of putrescible materials mixed in the material; percentage of material that is sent for further processing or disposal; and similar information.)

Note: Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.

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