Cal. Code Regs. tit. 17 § 95609

Current through Register 2024 Notice Reg. No. 36, September 6, 2024
Section 95609 - Third Party Assessment Report
(a) In the event that an operator is required per section 95608(a) to complete a new Assessment Report, conducted by a third party, all requirements of sections 95604 through 95606 will apply.
(1) Within 60 days of receiving notification from ARB of its determination of an incomplete Assessment Report, the operator must submit a written application to the Executive Officer for approval of the operator's chosen third party assessor. The facility operator and the Executive Officer may mutually agree to a longer time period for submitting the written application. The application must include the following:
(A) third party assessor company name;
(B) third party assessor contact name, title, address, phone number, and email address;
(C) demonstration of the third party assessor's qualifications to effectively conduct a facility-wide Assessment Report as required by this regulation;
(D) a cost estimate from the third party assessor for conducting the assessment;
(E) a signed statement from the third party assessor that they have no interest, material or otherwise, in the facility or relationship with facility personnel or owners that could be construed as adversely affecting their impartiality; and
(F) a signed statement from the facility operator that they have no interest, material or otherwise, in the third party assessor or relationship with the third party assessor's company or personnel that could be construed as adversely affecting their impartiality;
(2) The Executive Officer will approve the third party assessor selected by the facility upon determining that the requirements of (a)(1) above have been met.
(3) The operator must submit the completed third party Assessment Report within 90 days of receiving Executive Officer approval of the third party assessor. The facility operator and the Executive Officer may mutually agree to a longer time period for submitting the completed third party Assessment Report.

Cal. Code Regs. Tit. 17, § 95609

1. New section filed 6-16-2011; operative 7-16-2011 (Register 2011, No. 24).

Note: Authority cited: Sections 38510, 38530, 38560, 38562, 38580, 39600, 39601, 39659 and 41511, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38530, 38550, 38551, 38560, 38561, 38562, 38563, 38580, 39003, 39500, 39600, 39601, 39659 and 41511, Health and Safety Code.

1. New section filed 6-16-2011; operative 7-16-2011 (Register 2011, No. 24).