Cal. Code Regs. tit. 14 § 18105.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 18105.2 - Enforcement Agency Processing Requirements
(a) Upon receipt of an application filed pursuant to Section 18105.1, the enforcement agency shall mark the application with the date of receipt.
(b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application.
(c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of Section 18105.1.
(d) If the enforcement agency finds the application is complete and correct pursuant to 18105.1(a-e) and (g-h), it shall be accepted for filing.
(e) The application shall be stamped with the date and time of acceptance.
(f) If the enforcement agency finds that the application is not complete and correct pursuant to 18105.1(a-e) and (g-h), it shall not be accepted for filing. A copy of the rejected application accompanied by explanation shall be mailed to the applicant within five days.
(g) Within fifteen days of acceptance of an application for filing:
(1) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized solid waste facilities permit terms and conditions.
(2) The enforcement agency shall provide notice pursuant to Title 27 Section 21660.3.
(3) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (g)(1) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the Department. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the Department. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has so requested in writing.
(4) If the enforcement agency finds that the application or facility do not meet the requirements set forth in subdivision (g)(1) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant.
(h) If evidence of compliance with the California Environmental Quality Act, as required by Section 18105.1(f), has not been submitted within 15 days of acceptance of the application as complete, then the decision required by Section 18105.2(g) shall be held in abeyance until compliance with this requirements has been demonstrated. Unless waived by the applicant pursuant to Public Resources Code Section 44008, if evidence of compliance with the California Environmental Quality Act has not been submitted within 120 days of the application's acceptance for filing, the enforcement agency shall reject the application and not issue the standardized permit.
(i) Once the Department has concurred in the issuance of the proposed standardized permit, pursuant to Section 18105.5, the enforcement agency shall issue the standardized permit.
(j) If the Department objects to the proposed standardized permit, the enforcement agency shall notify the applicant in writing of the Department's decision, and the reasons for that decision, within five days of receipt of that decision.

Cal. Code Regs. Tit. 14, § 18105.2

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Amendment of subsections (a), (c) and (g)(1), new subsection (g)(2), subsection renumbering and amendment of subsections (h)-(i) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
3. Amendment of subsections (g)(3) and (i)-(j) filed 11-10-2015; operative 1-1-2016 (Register 2015, No. 46).

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000- 45802, Public Resources Code.

1. New section filed 3-1-95; operative when the minimum standards to be set forth in Chapters 3.0 or 3.1 of Division 7 of this Title are filed with the Secretary of State and become effective and operative (Register 95, No. 9).
2. Amendment of subsections (a), (c) and (g)(1), new subsection (g)(2), subsection renumbering and amendment of subsections (h)-(i) filed 3-14-2007; operative 4-13-2007 (Register 2007, No. 11).
3. Amendment of subsections (g)(3) and (i)-(j) filed 11-10-2015; operative 1/1/2016 (Register 2015, No. 46).