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 3 - Calrecycle-Enforcement Agency (EA) Requirements
Section 21665 - CIWMB-Processing Proposed Changes at Solid Waste Facility. (New)

Universal Citation: 27 CA Code of Regs 21665

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

(a) The applicant shall submit an application package pursuant to §§ 21570 and 21600, or 14 CCR §§ 18221.6, 18223.5, 18227, or 17863.4 to the EA. The submittal shall contain only those items listed in § 21570(f) that have changed, are proposed for change or as otherwise specified by the EA.

(b) The EA shall review the applicant's proposed change to determine if such a change qualifies as an amendment(s) to the RFI or is the basis for changes in the solid waste facilities permit in which case the EA shall determine if the proposed change will require a solid waste facilities permit modification or a solid waste facilities permit revision pursuant to the provisions provided in § 21665(c), (d), and (e) as follows:

	(1) RFI Amendment(s)	¶(c)
	(2) Modified Solid Waste Facilities Permit	¶(d)
	(3) Revised Solid Waste Facilities Permit	¶(e)

(c) RFI Amendment(s) -- The EA may approve and file the proposed change as an amendment(s) to the RFI without revising or modifying the solid waste facilities permit if all of the following criteria are met:

(1) the EA finds that the proposed change is consistent with all applicable certified and/or adopted CEQA documents in that no subsequent EIR or Negative Declaration or supplemental EIR is warranted pursuant to Title 14, Chapter 3, Article 11, §§ 15162 or 15163, or if the EA finds that the change being requested is exempt from the requirements of CEQA pursuant to Title 14, Chapter 3, Article 5, §§ 15060 and 15061;

(2) the EA has deemed the proposed change acceptable and consistent with, but not limited to, 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

(3) the EA finds the changes do not conflict with the terms and conditions in the current solid waste facilities permit.

(d) Modified Solid Waste Facilities Permit -- The EA may determine that the proposed change qualifies as a modified solid waste facilities permit if the proposed change does not meet all of the criteria specified under ¶(c) and meets either of the following criteria:

(1) the EA determines that the proposed change is a nonmaterial change as specified in § 21563(d)(5), or

(2) the EA determines that the proposed change is such that the solid waste facilities permit does not need to include further restrictions, prohibitions, mitigations, terms, conditions or other measures to adequately protect public health, public safety, ensure compliance with State minimum standards or to protect the environment.

(e) Revised Solid Waste Facilities Permit -- The EA shall determine that the proposed change is a significant change as defined in § 21563(d)(6) and requires a revised solid waste facilities permit if the proposed change does not meet the criteria for an RFI Amendment as specified under ¶(c) or a modified solid waste facilities permit as specified under ¶(d).

Note: To help the affected public more readily understand the process used by the EA to determine whether a proposed change qualifies as an RFI amendment, modified solid waste facilities permit, or revised solid waste facilities permit, a decision tree is provided below; this diagram does not supplant any of these regulations:

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 subsections (a), (c)(2), (e) and (f) filed 3-8-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
3. Change without regulatory effect amending subsections (a), (e) and (f) filed 2-5-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 6).
4. Amendment of section heading and section filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).

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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