Cal. Code Regs. tit. 14 § 18208

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 18208 - Issuance of Permit; Final Environmental Determination

(a) Upon compliance with the Act and this article, and upon the concurrence of the board, the enforcement agency may make findings and issue the permit as provided in subsection (a) of Public Resources Code section 44014. The permit shall specify the person authorized to operate the facility and the boundaries of the facility. The permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the enforcement agency and the board the ability to control the adverse environmental effects of the facility.

(1) As used herein, "design" means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site or total throughput rate of a transfer/processing station, transformation facility, or composting facility, vehicular traffic flow, and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration.

(2) As used herein, "operation" means the procedures, personnel, and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment.

(b) (Reserved)

(c) Copies of the permit (including conditions specified therein), findings, and any document setting forth the enforcement agency's final environmental determination shall be provided the board and any person who has requested in writing that such copies be provided.

Comment: In filing an application for a new permit or permit revision, the applicant will be required to specify the proposed design and operation of the facility, to describe any anticipated environmental consequences of the specified design and operation, and to propose measures to minimize and mitigate any adverse environmental effects. The permit that is issued would specify the measures found by the agency to be necessary, for a facility of given design and operation, to satisfy the requirements of the Act for protection of the environment. Accordingly, the permit would limit the facility to the design and operation that corresponds to those measures. Any significant change in design or operation would require revision of the permit. See section 18211. In order to avoid the need to revise a permit for each minor change in operation, the conditions should be drafted to accommodate fluctuations without requiring a permit revision, so long as such changes do not necessitate additional measures to control their environmental effects.

Cal. Code Regs. Tit. 14, § 18208

1. Amendment of subsection (a) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of subsection (a)(1) and NOTE filed 7-15-93; operative 7-15-93 (Register 93, No. 29).

Note: Authority cited: Sections 40502 and 43200, Public Resources Code. Reference: Sections 44012 and 44014, Public Resources Code.

1. Amendment of subsection (a) filed 8-3-77 as an emergency; effective upon filing (Register 77, No. 32).
2. Certificate of Compliance filed 11-1-77 (Register 77, No. 45).
3. Change without regulatory effect amending section filed 5-17-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 27).
4. Amendment of subsection (a)(1) and Note filed 7-15-93; operative 7-15-93 (Register 93, No. 29).