Section 18218.3 - Requirement to Obtain a Temporary Permit(a) The operator of an eligible facility shall obtain a temporary permit pursuant to this article or a permanent solid waste facilities permit pursuant to the Act and Board regulations or shall immediately cease the activities for which a permit is required.(b) An operator of an eligible facility, if it elects to apply for a temporary permit, shall submit a complete and correct application for such permit to the enforcement agency no later than the final application date.(c) If an enforcement agency, acting pursuant to Public Resources Code Section 44002, issues a cease and desist order to the operator of an eligible facility prior to the final application date ordering the operator to cease operating a solid waste facility without a solid waste facilities permit, it shall, upon receipt of a complete and correct application for a temporary permit under this article, stay the effect of that portion of the order that directs the operator to cease operating a solid waste facility without the required solid waste facilities permit. The term of the stay shall run from the enforcement agency's determination that the application is complete and correct to its issuance of the temporary permit, in which case the enforcement agency's order to cease operating a solid waste facility without the necessary permit has no further effect, or its denial of the temporary permit and the completion of any appeals to the local hearing panel or hearing officer and the Board, in which case the cease and desist order shall be given its full force and effect. Notwithstanding, the effect of the cease and desist order will not be stayed if the enforcement agency determines the continued operation of the facility during the period of the stay may pose an imminent and substantial threat to the public health and safety and the environment.(d) The operator of a facility operating pursuant to a temporary permit shall obtain a permanent solid waste facilities permit from the enforcement agency having jurisdiction, or cease the activities for which a solid waste facilities permit is required, on or before June 30, 2010. [Note: A person who is conducting solid waste handling activities or composting who is not required to obtain a solid waste facilities permit may be required to notify the enforcement agency. See, for example, 14 CCR §§ 17403.3, 17383.3, 17383.4, 17383.7, 17857.1, and 17862.1.]Cal. Code Regs. Tit. 14, § 18218.3
Note: Authority cited: Section 44002.1, Public Resources Code. Reference: Section 44002.1, Public Resources Code.
1. New section filed 3-10-2008 as an emergency; operative 3-10-2008 (Register 2008, No. 11). Pursuant to Public Resources Code section 44002.1(d), a Certificate of Compliance must be transmitted to OAL by 6-30-2010 or emergency language will be repealed by operation of law on the following day.