Section 1770 - Compliance Verification(a) The Commission shall provide adequate monitoring of all conditions and measures set forth in the final decision required to mitigate potential impacts and to assure that the facility is constructed and operated in compliance with all applicable laws including, but not limited to, air quality, water quality, and public health and safety laws, ordinances, regulations, and standards for all projects certified. A compliance plan shall be adopted by the commission as part of the certification decision. The plan shall include the following: (1) A set of general compliance conditions setting forth and explaining the duties and responsibilities of the staff, the licensee, delegate agencies, and others; the procedures for settling disputes; the requirements for handling confidential records and maintaining the compliance record; and the requirements for verification, including periodic reports and any other administrative procedures that are necessary to verify that all the conditions will be satisfied.(2) Condition(s) or mitigation measure(s) to be monitored;(3) Method of monitoring or reporting including who will monitor or report, provisions for approving qualifications of the monitor, when the monitoring or reporting will be done, and the frequency of site visits, if any.(b) To the extent permitted by law, the Commission may delegate authority for compliance verification to state and local agencies which have expertise in subject areas where conditions of certification have been established. Such agencies may include the local building department and the local air quality management district.(c) If a delegate agency is unwilling or unable to participate in this program, the Commission staff shall establish an alternative method of verification.(d) The verification provisions in a siting decision are intended to verify compliance with the actual conditions of certification. The staff, after notice to the licensee, may modify the verification provisions as necessary to enforce the conditions of certification without requesting an amendment to the decision, provided that the verification change does not conflict with the conditions of certification. If a licensee or any other person objects to the modification, they shall be entitled to a public hearing on the matter before the Commission.Cal. Code Regs. Tit. 20, § 1770
1. New section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2. Change without regulatory effect amending subsection (d) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34). Note: Authority cited: Sections 25213, 25218(e) and 25541.5, Public Resources Code. Reference: Sections 25523, 25525, 25532 and 25534, Public Resources Code.
1. New section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2. Change without regulatory effect amending subsection (d) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).