California Code of Regulations
Title 27 - Environmental Protection
Division 2 - Solid Waste
Subdivision 1 - Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste
Chapter 4 - Documentation and Reporting for Regulatory Tiers, Permits, WDRs, and Plans
Subchapter 3 - Development of Waste Discharge Requirements (WDRs) and Solid Waste Facility Permits
Article 2 - Calrecycle-Applicant Requirements
Section 21620 - CIWMB-Change in Design or Operation (New)

Universal Citation: 27 CA Code of Regs 21620

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

(a) This section applies to any operator proposing to make a change in the design (as defined in subsection 21663(a)(1)) or operation (as defined in subsection 21663(a)(2)) of the facility, where such change is subject to the authority of the EA acting pursuant to the Integrated Waste Management Act or regulations promulgated under such Act and one of the following categories apply:

(1) Minor Change -- the change qualifies as a minor change pursuant to § 21620(a)(1), in which case the operator shall comply with § 21620(a)(1)(F);

(2) RFI Amendment -- the EA has determined that an amendment to the RFI is required for the change, in which case the operator shall comply with § 21620(a)(2);

(3) Modified Permit -- the EA has determined that the solid waste facilities permit requires modification pursuant to § 21665(d), in which case the operator shall comply with § 21620(a)(3); or

(4) Revised Permit -- the EA has determined that the solid waste facilities permit requires revision pursuant to § 21665(e) or § 21620(a)(4), in which case the operator shall comply with § 21620(a)(4).

This section does not apply to changes to the facility, where such a change is not subject to the authority of the EA acting pursuant to the Integrated Waste Management Act or regulations promulgated under such Act.

(1) Minor Changes

An operator may implement a minor change without EA review and approval if all of the criteria set forth in subdivisions (A) through (D) are met and the operator notifies the EA of the minor change as required under subdivision (F):

(A) the change is subject to the authority of the EA acting pursuant to the Integrated Waste Management Act or regulations promulgated under such Act; and

(B) the change is consistent with State minimum standards pursuant to Chapter 3 of this subdivision or applicable minimum standards in Title 14 (commencing with § 17200), and including financial assurances and operating liability criteria pursuant to Chapter 6 of this subdivision if applicable; and

(D) the change does not conflict with the design and operation of the facility as provided in the current RFI pursuant to § 21600, 14 CCR §§ 17346.5, 17863, 17863.4, 18221.6, 18221.6.1, 18223.5, or 18227.

(E) Provided that they satisfy the criteria set forth in subdivisions (a)(1)(A-D), minor changes include, but are not limited to, the following:

(i) Correction of typographical errors in any documents/documentation submitted by the owner or operator.

(ii) Changes in the training plan that do not affect the type or decrease the amount of training given to employees.

(iii) Changes in any name and phone number, mailing address, or other contact information that does not include a change of the owner or operator.

(iv) Changes in emergency equipment (e.g., used for spill or release response) with the same functionally equivalent equipment at the same or higher level of quality.

(v) Replacing equipment that consists of functionally equivalent components and specifications as the equipment being replaced, which does not cause any change to location or design from the formerly used equipment.

(vi) Changes in procedures for cleaning or decontamination of facility equipment or structures.

(vii) Changes in tanks used for storage of materials utilized as part of the operation of the facility such as fuel, motor oil, and water without a change in location.

(viii) Changes in the rental company or location of where the back-up equipment may be sought.

(ix) Replacement of an existing environmental or operational monitoring point that has been damaged or rendered inoperable, without change to location or design of the monitoring point.

(x) Updated changes to other regulatory agency documents that are included by reference in a RFI only.

(xi) Changes in containers used for temporary storage of materials separated for recycling.

(xii) Change in narrative information (e.g., background information) outside the permitted boundary.

(xiii) Change to facility signage wording.

(xiv) Changes to improve personnel protective equipment and other safety procedures.

(xv) Changes to traffic patterns on site that do not affect off-site traffic, and/or adjacent properties.

(xvi) Changes to adjacent land use map.

(xvii) Change in location of facility records.

(xviii) Changes in name, address, or phone number of contact in post-closure plan.

(xix) Changes to equipment maintenance operations associated with the operation of the facility.

(xx) Acquisition of property adjacent to the facility if not used for solid waste activities.

(xxi) Updated changes to documents that are included by reference in a permit or RFI.

(xxii) Regulation re-numbering as referenced in RFI.

(F) the operator shall notice the EA at the time of the change or within 30 days after the change has been made, and the following provisions shall apply:

(i) the notice shall be in writing and delivered to the EA by regular mail, e-mail, or fax;

(ii) the operator shall identify the minor change in the notice and indicate the effective date of the change;

(iii) the notice is for informational purposes only and is not subject to EA compliance measures; however, if the EA determines at a later date that the change does not meet the criteria for minor change, the EA shall provide a finding to the operator in writing as to why the change did not qualify as a minor change and the EA shall require the operator to comply with all applicable requirements; and

(iv) During the regular permit review, the EA shall review the minor change notices and determine which should be incorporated into the RFI.

(2) Amendment to Report of Facility Information

For those changes in design or operation that do not qualify under subdivision (a)(1) and that require an amendment to the RFI, the operator shall file an amendment to the RFI with the EA at least 180 days prior to the proposed change unless otherwise determined by the EA. Notwithstanding, the EA may determine, based on consultation with the applicant and review of the RFI amendment, that the change meets the criteria in § 21665(c), in which case the applicant may file an application less than 180 days prior to making the proposed change. Proposed RFIs or amendments to the RFI shall be accompanied by an application form. All amendments shall be submitted as specified in § 21570. The applicant shall only submit those items listed in § 21570(f) that have changed or are proposed to change, unless otherwise specified by the EA. Such amendments or lack thereof may become the basis for changes in the solid waste facilities permit as determined by the EA as described in § 21665. The operator shall have the right to appeal the EA's decision before the hearing panel or hearing officer.

(3) Modified Permit

If the change in design or operation does not qualify under subdivision (a)(1) or (a)(2), but does meet the requirements of § 21665(d) for a modified solid waste facilities permit, the operator shall submit an application package for a modified solid waste facilities permit pursuant to § 21570 which the EA shall process pursuant to § 21650.

(4) Revised Permit

All other changes in design or operation require a revised solid waste facilities permit pursuant to § 21665(e). The operator shall submit an application package for a solid waste facilities permit revision pursuant to § 21570 which shall be processed by the EA pursuant to § 21650.

Notwithstanding anything to the contrary in § 21665(e), the following changes in design or operation are considered significant and require an application for a revised permit:

(A) Increase in maximum amount of permitted tonnage of all waste received.

(B) Increase in the facility's permitted acreage.

(D) For landfills, increase in permitted disposal footprint and/or permitted (final grade) maximum overall height.

Note: changes relative to only those items described in the RFI and not addressed in the current solid waste facilities permit as written by the LEA may be requested, after consultation, through an application pursuant to § 21666. To help better understand the process for RFI amendment, and modified, revised and new solid waste facilities permits, but not to supplant the regulations, a flow diagram is provided below:

Click here to view image

1. New section filed 6-18-97; operative 7-18-97 (Register 97, No. 25).
2. Change without regulatory effect amending subsection (a) filed 2-5-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 6).
3. Amendment of section heading and section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
4. Change without regulatory effect amending subsection (a)(2) filed 10-17-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 42).
5. Amendment of subsection (a)(1)(D) filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43103, 44004 and 44012, Public Resources Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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