Section 66271.55 - Hazardous Waste Facility Permit Decisions(a) Permit Decisions. The Department shall conduct a complete review of a facility's compliance history when making a decision to issue, deny, revoke, suspend, or modify a permit under this article.(b) A complete review of the facility's compliance history shall include, but is not limited to, all of the following: (1) The facility's final compliance tier assignment based on the Facility VSP Score and all Class I violations and provisional and final inspection violation scores used to calculate the Facility VSP Score;(2) Class II and minor violations not quantified as part of the Facility VSP Score;(3) The facility's compliance with any permits, applicable orders, stipulations, agreements, settlement documents, judgments, decrees, grants of authorization, or other documents establishing requirements upon operations at the facility; hazardous waste laws and regulations; and any other applicable environmental laws and regulations;(4) The disclosure statement made pursuant to the requirements of Health and Safety Code sections 25112.5 and 25200.4;(5) The facility's safety record;(6) The facility's compliance with financial assurance or liability coverage requirements for closure, post-closure, or corrective action pursuant to article 8, chapter 14 and article 8, chapter 15 of this division, as applicable;(7) Information in audit reports provided to the Department pursuant to the requirements of sections 66271.56 and 66271.57; and(8) Any other information allowed by law.(c) A complete review of the facility's compliance history shall also include, but is not limited to, a review of the following information to the extent such information is readily available to the Department: (1) The owner's or operator's knowledge or intent in the commission of any violations;(2) The record of complaints received against the facility, including the facility's record of resolving such complaints;(3) Violations by the facility of requirements of other federal, state, or local environmental agencies; and(4) The facility's record with regard to returning to compliance and cooperation with the Department.Cal. Code Regs. Tit. 22, § 66271.55
1. New section filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43). Note: Authority cited: Sections 25150, 25200.21, 58004 and 58012, Health and Safety Code. Reference: Sections 25110.8.5, 25186 and 25186.05, Health and Safety Code.
1. New section filed 10-24-2018; operative 1/1/2019 (Register 2018, No. 43).