Section 18218.7 - Enforcement Agency Processing Requirements for a Temporary Permit(a) Upon receipt of an application for a temporary permit on or before the final application date, the enforcement agency shall mark on the application form the date of its receipt. (1) Within 20 days from receipt, the enforcement agency shall (i) review the application to determine whether it meets the requirements of section 18218.6 and (ii) notify the applicant in writing of any deficiencies in the application.(2) Within 10 days from its receipt of notice that the application is deficient, the applicant may submit to the enforcement agency revised or additional materials to correct the deficiencies in the application.(3) Within 5 days from its receipt of such revised or additional materials, the enforcement agency shall (i) determine if the application, as revised and supplemented, meets the requirements of section 18218.6 and (ii) take the action specified in subdivision (b) or (c) of this section, as appropriate.(b) If the enforcement agency finds that the application is not complete and correct pursuant to section 18218.6, the enforcement agency shall reject the application and mail a copy of the rejected application, together with an explanation of the basis for its rejection, to the applicant.(c) If the enforcement agency finds the application is complete and correct pursuant to section 18218.6, the enforcement agency shall accept the application for filing, stamp the application form with the date and time of its acceptance and notify the applicant in writing that its application has been accepted for filing.(d) Within 15 days of the enforcement agency's acceptance of an application for filing: (1) The enforcement agency shall evaluate the information provided in the application and shall inspect the facility to determine whether or not the facility will be able to operate in compliance with the applicable standards.(2) If the enforcement agency finds that the application and facility meet the requirements set forth in this article, the enforcement agency shall prepare a proposed temporary permit and shall submit the proposed permit, the application package, and the results of any analysis of the proposed permit to the Board. The enforcement agency shall also deliver a copy of the proposed temporary permit to the applicant.(3) If the enforcement agency finds that the application or facility do not meet the requirements set forth in this article, the enforcement agency shall deny the application and the enforcement agency shall mail a copy of the denied application to the applicant, together with an explanation of the basis for its denial.(e) If the Executive Director of the Board concurs in the issuance of the proposed temporary permit, the enforcement agency shall issue the permit within 5 days from its receipt of notice of Board concurrence.(f) If the Executive Director of the Board objects to the proposed permit, the enforcement agency shall notify the applicant in writing of the Executive Director's decision and the basis for the Executive Director's objection and shall deny the application within 5 days from its receipt of that decision.(g) If the enforcement agency denies an application for a temporary permit, whether as a result of its own determination or the objection of the Executive Director, the operator may appeal to the applicable hearing panel or hearing officer pursuant to Public Resources Code, section 44300. Upon a timely appeal, the denial of the application shall be suspended pending completion of the hearing and the issuance of a decision by the hearing panel or hearing officer and any subsequent appeal to the Board.Cal. Code Regs. Tit. 14, § 18218.7
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.