Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In the event that an operator is required
per section
95608(a) to
complete a new Assessment Report, conducted by a third party, all requirements
of sections
95604 through
95606 will apply.
(1) Within 60 days of receiving notification
from ARB of its determination of an incomplete Assessment Report, the operator
must submit a written application to the Executive Officer for approval of the
operator's chosen third party assessor. The facility operator and the Executive
Officer may mutually agree to a longer time period for submitting the written
application. The application must include the following:
(A) third party assessor company
name;
(B) third party assessor
contact name, title, address, phone number, and email address;
(C) demonstration of the third party
assessor's qualifications to effectively conduct a facility-wide Assessment
Report as required by this regulation;
(D) a cost estimate from the third party
assessor for conducting the assessment;
(E) a signed statement from the third party
assessor that they have no interest, material or otherwise, in the facility or
relationship with facility personnel or owners that could be construed as
adversely affecting their impartiality; and
(F) a signed statement from the facility
operator that they have no interest, material or otherwise, in the third party
assessor or relationship with the third party assessor's company or personnel
that could be construed as adversely affecting their
impartiality;
(2) The
Executive Officer will approve the third party assessor selected by the
facility upon determining that the requirements of (a)(1) above have been
met.
(3) The operator must submit
the completed third party Assessment Report within 90 days of receiving
Executive Officer approval of the third party assessor. The facility operator
and the Executive Officer may mutually agree to a longer time period for
submitting the completed third party Assessment Report.
1. New
section filed 6-16-2011; operative 7-16-2011 (Register 2011, No.
24).
Note: Authority cited: Sections
38510,
38530,
38560,
38562,
38580,
39600,
39601,
39659
and
41511,
Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38530,
38550,
38551,
38560,
38561,
38562,
38563,
38580,
39003,
39500,
39600,
39601,
39659
and
41511,
Health and Safety Code.
