OVERVIEW OF EXISTING PROCESS FOR ISSUING SOLID WASTE FACILITY PERMITS

1. OVERVIEW OF EXISTING PROCESS FOR ISSUING SOLID WASTE FACILITY PERMITS P&E Committee Item K September 5, 2006

2. Steps In Permitting a Facility • Local Approval Process • Overview of Permit Process • Application/LEA Process • Board Process • Board Action • LEA Issues Permit

3. PERMIT PROCESS

4. Solid Waste Facility Permits • PRC - part 4, chapter 3, article 1 - section 44001-44018 • Permit required to operate a solid waste facility • Disposal site, transfer /processing facility, compost facility, transformation facility, C&D facility

5. Local Approval and CEQA New or changing solid waste facilities may require: • Local approval by a city, county, JPA… • New or revised special or conditional use permits. • General plan, IWMP amendment, conformance finding, etc.

6. Local Approval and CEQA When local approvals are required: • The LEA/CIWMB permit process will use review and documentation generated during local process • Local agency initiates CEQA process • Address local siting, land use and planning issues • May have early consultation for responsible agencies • Notice public and circulate for state agency review • Public noticing

7. Local Approval and CEQA • Board’s role as responsible agency • Respond to requests for consultation on CIWMB permitting and Board areas of expertise • Board staff reviews and comments on CEQA document adequacy for the Board’s use in permitting process

8. Overview of Permit Process 150 for new days, 180 for revised 30 days 30 days 55 days 60 days 5 days New or Revised Permit revised LEA Determines Complete & Correct LEA Decides to Issue Permit LEA Holds Public Hearing LEA Draft Proposed Permit Board Decision Operator Submits Application If LEA Determines Permit Change is Needed Amend RFI 5 Year Review 21

9. RFI Amendments • Full permit only • For changes that • Do not conflict with permit terms and conditions • Are consistent with CEQA document • Consistent with requirements (FA, closure, SMS, etc.) • If amendments do not meet criteria • Permit revision • Amendments may be denied

10. Operator Submits Application Package Full Permit (& Standardized) Section 21570 • Application requirements - full permit • A) disposal sites - joint application package, financial assurances to CIWMB • B) other facilities - copies of application to RWQCB • C) EA fee • D) adequate detail • Evaluate environmental effects • Conformance with standards • E) certified as true and accurate, additional information as required by EA

11. Operator Submits Application Package Full Permit (& Standardized) Section 21570 • F) complete and correct package must include • Application form • RFI • CEQA compliance information • Evidence of compliance or status of compliance • Mitigation monitoring implementation schedule • Conformance finding • For disposal sites • Preliminary closure/Postclosure plans • Financial assurance mechanism • Land use and/or conditional use permits

12. LEA Reviews Permit Application Package and Makes preliminary determination, Public Hearing • For Revised Permits Only • Holds Public Hearing within 60 days of receipt of application • Purpose of Hearing is to present and receive input on LEA’s preliminary finding

13. LEA Reviews Permit Application Package and Submits Proposed Full Permit Package Section 21650 • No later than 55 days after application is accepted for filing the EA must send the following to CIWMB • Copy of proposed permit • Accepted application package • Certification that package is complete and correct • Compliance with RWQCB orders if applicable • Written public comments • Permit review report prepared within the last 5 years • CEQA consistency or status of CEQA compliance

14. Board Staff Reviews Proposed Full Permit Package • Evaluate application package for compliance with requirements: • 1. EA’s Five Year Permit Review Report • EA’s Proposed Permit • Conformance Finding (PRC 50001) • Complete and Correct Report of Facility Information, certified by EA

15. Board Staff Reviews Proposed Permit Package (Cont’d) • 5. EA finding that CEQA supports the application package • 6. Land Use / Conditional Use Permits, if applicable • Documentation that Preliminary or Final Closure/Post-Closure Plans have been deemed complete, if applicable • Documentation of Financial Assurances for Closure, if applicable • Documentation of Operating Liability

16. Board Staff Reviews Facility for Compliance • Board staff conduct pre-permit inspection to verify compliance with State Minimum Standards • Verify finding: permit consistent with SMS

17. Board Staff Reviews Proposed Permit Package (Cont’d) Example from Agenda Item – This table from a sample agenda item summarizes the status of Board staff’s review of the proposed permit package at the time of publication.

18. Board’s Finding of Conformance With PRC 50001 • PRC requires a conformance finding prior to Board concurrence • Office of local assistance staff makes finding • Proposed permit must conform to planning document • Location of new or expanded disposal facilities must be be identified in countywide Siting element (CSE) • New or expanded nondisposal facility must be be identified in jurisdiction's Nondisposal facility element (NDFE)

19. Board Authority and Responsibility Under Solid Waste and CEQA Statutes The Board votes to concur or object in the issuance of a new or a revised solid waste facility permit The Board shall review CEQA documents prior to approval [CCR 15004(a)]

20. Board Authority and Responsibility Under Solid Waste and CEQA Statutes Board concurrence as a discretionary action when carrying out or approving a project [14 CCR 15002(i)] Board required to give major consideration to preventing environmental damage [14 CCR, section 15021]

21. Board Responsibility and Authority Under CEQA Board may refuse to approve a project in order to avoid significant environmental impacts that are within its authority [CCR 15042] Board authority and requirements as a responsible agency [CCR 15096]

22. Board Responsibility and Authority Under CEQA Inadequate CEQA documentation [CCR 15096 (e)] Take issue to Court Waive objection to inadequate documentation (do nothing) Prepare subsequent EIR [CCR 15162] Assume Lead Agency [15052(a)(3)]

23. Board Action (PRC 44009) • Concur or object to permit within 60 days for full permit (or within 30 for standardized) • Reasons the Board may object: • Permit is not consistent with State Minimum Standards (PRC 44010) • Financial assurances for operating liability are inadequate (PRC 43040)

24. Board Action (PRC 44009) • Inadequate financial ability provide for closure and postclosure (PRC 43600) • EA has not provided Board and applicant with copy of proposed permit, at Least 65 days in advance of issuance (PRC 44007) • Permit is inconsistent with standards adopted by the Board (PRC 44010) • If Board does not concur or object within 60 days, permit can be issued on 60th day

25. Board Action (PRC 44009) • Exception - landfill operator not in compliance with an enforcement order from Regional Water Quality Control Board and all of the following conditions exist: • WDRs are pending review in a petition before State Water Board • Petition includes a request for a stay • Water Board has not taken action on the stay request

26. LEA Issues Permit • The EA issues permit after Board concurrence • EA provides copy to permittee within 15 days of issuing permit