California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 6 - Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests
Article 3 - Permit Issuance, Review, Revision, Revocation, Denial, Suspension, Reinstatement, Change of Owner, Operator, and/or Address
Section 18425 - Permit Issuance
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) With the exception of subsection (d), within 180 days of accepting a complete and correct application, the Department shall either issue a permit or deny the issuance of a permit in accordance with Subsections (b) and (c), respectively, unless the applicant requests an extension of time.
(b) Upon the applicant's compliance with this Chapter, the Department may make findings and issue the permit as provided in this Article. The permit shall specify the conditions under which the waste tire facility shall comply with applicable sections of the Public Resources Code and the California Code of Regulations.
(c) If the Department denies the issuance of a permit, it shall accompany its denial with a written explanation of its action.
(d) If the Department is lead agency for the project, as defined in Government Code section 65929, for which an environmental impact report shall be prepared pursuant to Public Resources Code section 21100, the Department shall have one year, from the date the application was accepted as complete and correct, to issue or deny the issuance of a permit in accordance with subsections (b) and (c), respectively. If there has been an extension of time pursuant to Public Resources Code section 21100.2 to complete and certify the environmental impact report, the Department shall issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, within 90 days after certification of the environmental impact report. This extension of time may be extended once for an additional period, not to exceed 90 days, upon consent of both the applicant and the Department.
(e) A copy of the current permit shall be made available upon request to the Department or an authorized employee or agent of the Department during an inspection of the facility.
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Editorial correction of printing error in article heading (Register 93, No. 5).
6. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
7. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of HISTORY 4 (Register 93, No. 26).
9. Certificate of Compliance as to 6-22-93 emergency order including amendment of subsection (d) and adoption of subsection (f) transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
10. Renumbering and amendment of former article 4 to article 3, repealer of subsection (e), subsection relettering and amendment of NOTE filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
11. Amendment of article heading and section filed 9-29-2014; operative 10-29-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 40).
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821, 42822, 42832, 42833, 42840 and 42841, Public Resources Code and Sections 15376 and 65920- 65961, Government Code.
