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 - Application for Solid Waste Facilities Permits
Section 18209 - Denial of Permit

Universal Citation: 14 CA Code of Regs 18209

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

(a) The enforcement agency shall deny the permit when any of the following occur:

(1) The enforcement agency determines that the proposed facility is not consistent with the county solid waste management plan or cannot conform to the state standards.

(2) The Board has objected to the proposed permit and either:
(A) there are less than 45 days remaining before the statutory deadline for action on the application and the applicant declines to waive the deadline; or

(B) the enforcement agency determines that it will be impossible to propose a permit that will be mutually satisfactory to the enforcement agency, the board, and the applicant. The enforcement agency may deny the permit under any other circumstances provided by law.

(b) Upon denial of a permit, the enforcement agency shall give written notice of the denial to the applicant, the board, and any other person who has requested in writing that such notice be given. Notice to the applicant shall be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel or hearing officer.

(c) An applicant who desires a hearing on the denial of a permit shall file with the enforcement agency a written request for a hearing. The enforcement agency shall provide the board with copies of the request, the statement of issues, and the notice of defense within five business days of service upon the applicant.

1. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
2. Change without regulatory effect amending subsection (b) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).

Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44007- 44017 and 44300, Public Resources Code.

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