Section 5150.1 - Dispute Resolution(a) Disputes arising between the owner or operator of a stationary source and an UPA under this chapter shall first be decided by the UPA pursuant to a dispute resolution process. Each UPA shall establish procedures necessary to implement this dispute resolution process. These procedures shall: (1) Provide that the owner or operator of a stationary source may initiate the dispute resolution process by serving the UPA with prompt, written notice of a dispute;(2) Identify the official(s) or other employee(s) of the UPA who will resolve disputes arising under this Section;(3) Set procedures and timetables for providing argument and supporting materials to the UPA;(4) Require that the UPA render a written decision within 120 days after the owner or operator of a stationary source initiates the dispute resolution process; and,(5) Use the CUPA dispute resolution process, if the UPA is also a CUPA, providing that such process is consistent with the criteria in (a)(1) through (4) above.(b) The owner or operator of a stationary source may appeal the decision of an UPA to the Agency Secretary by serving the Secretary with written notice of appeal. The notice of appeal shall be accompanied by:(1) A copy of the decision of the UPA,(2) A copy of any written material that the owner or operator submitted to the UPA during the dispute resolution process that the stationary source would want the Secretary to consider, and,(3) A concise statement of the grounds upon which the owner or operator disputes the decision rendered by the UPA. The notice of appeal and accompanying materials shall be served on the Secretary and the UPA by certified mail, return receipt requested. Such service shall be effected no later than 30 days after the UPA renders its decision, or, if the UPA fails to render a timely decision, no later than 150 days after the owner or operator initiated the dispute resolution process with the UPA.(c) After receipt of the notice of appeal and accompanying materials, the Secretary shall provide a written acknowledgment of such receipt to the appealing party and the UPA. At the time that the Secretary sends this acknowledgment, or at any later time, the Secretary, in his or her discretion, may request further materials, information or briefing from the stationary source or the UPA, and the Secretary may set schedules for the submission of such materials, information or briefing. The Secretary shall also provide the opportunity for public comment on the dispute, and shall allow the stationary source and the UPA the opportunity to respond to any comments submitted by the public.(d) Within 120 days after the service of the notice of appeal, or, if the Secretary requires additional time in order to deal with the submission of materials, information, briefing, public comments or responses to public comments, within such extended time as is set by the Secretary, the Secretary shall issue his or her decision. The dispute shall be resolved according to the discretion of the Secretary. The Secretary's decision shall be binding on all parties.(e) Exhaustion of this dispute resolution process shall not be a prerequisite to the initiation, prosecution or conclusion of any criminal or civil enforcement action brought by the UPA, the District Attorney or the State pursuant to Sections 25540, 25540.5, 25541, 25541.3, 25541.5 of HSC or any other provision of law.Cal. Code Regs. Tit. 19, § 5150.1
Note: Authority cited: Section 8585, Government Code; and Sections 25531 and 25534.05, Health and Safety Code. Reference: Section 8585, Government Code; and Section 25534.05(a)(3), Health and Safety Code.
1. Change without regulatory effect renumbering former division 2, chapter 4.5, article 10 (sections 2780.1-2780.7) to new division 5, chapter 2, article 11 (sections 5150.1-5150.7) and renumbering section 2780.1 to new section 5150.1, including amendment of subsections (b), (b)(2)-(3) and (c)-(d), filed 3-6-2024 (Register 2024, No. 10).